Matter of Hyman

State: New York

Court: New York Northern District Court

Docket No: 2007 NY Slip Op 50265(U)

Case Date: 02/16/2007

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Decided on February 16, 2007
Sur Ct, Nassau County

235680

Rivkin Radler LLP (Attorneys for Petitioner)
926 Reckson Plaza
Uniondale, NY 11556-0926
John B. Riordan, J.

This is an uncontested proceeding for reformation of Article FIFTH of decedent's last will and testament dated November 21, 1979, as amended by Article II of a codicil thereto dated March 24, 1982 (collectively, the "will"). Decedent died on December 12, 1984. The will was admitted to probate by decree of this court.
Petitioner, the sister of the decedent, is a co-trustee of the trust created under Article FIFTH of the will (the "Trust") for the benefit of decedent's son, Burton Hyman ("Burton"), who suffers from chronic physical disabilities, including malfunctioning kidneys, for which he is receiving dialysis treatment. On July 14, 2006, following the death of Joseph Bender, who had been serving as co

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