Legal Opinion

In re the Estate of Witbeck

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1997PublishedCited by 35 opinions

1Opinion of the Court

Crew III, J. P.

Appeal from a decree of the Surrogate’s Court of Albany County (Marinelli, S.), entered March 31, 1997, which, inter alia, denied a motion by respondents Frank J. LaFay and Michelle J. Ferraro to dismiss the petition against them.

*849Decedent, Ann E. Witbeck, died intestate on August 27,1990. Prior thereto, in February 1979, decedent’s grandniece, Gale Shea, had been appointed conservator of decedent’s property, including decedent’s real estate and bank accounts. Thereafter, in June 1983, Shea used $300,000 of conservatorship funds to purchase an annuity and named herself the sole…

2Cases cited4 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Parsa v. State of New YorkNew York Court of Appeals · 1984
  3. In re Norstar Trust Co.Appellate Division of the Supreme Court of the State of New York · 1987
  4. In re NeshewatAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by35 opinions

  1. Abacus Federal Savings Bank v. LimAppellate Division of the Supreme Court of the State of New York · 2010
  2. Goel v. RamachandranAppellate Division of the Supreme Court of the State of New York · 2013
  3. Goldman v. Simon Property Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. IMS Engineers-Architects, P.C. v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  5. Ironforge. Com v. Paychex, Inc.District Court, W.D. New York · 2010

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