In re the Estate of Marshall

OPINION OF THE COURT

John M. Czygier, Jr., S.

In the context of a captioned contested probate proceeding, counsel for a beneficiary under a document which has been offered for probate dated February 14, 1995 has moved, by order to show cause, for an order pursuant to CPLR 2304, quashing a subpoena served upon him and issued by respondent, on the grounds that it is defective; that there is no right under SCPA 1404 to depose him in his capacity as alternate coexecutor; and that it is overly broad. Respondent has submitted an affirmation in opposition and movant has replied. Memoranda of law have…