Martin v. Lefkowitz

Heretofore, the petitioner moved pursuant to article 78 of the Civil Practice Act to review the action of the respondents who approved an agreement of settlement in an estate matter. It was asserted that the proposed settlement will divert moneys from a charitable gift and that the respondent (Attorney-General) has failed to perform the legal duties required of him by subdivision 3 of section 12 of the Personal Property Law (Tilden Act). The respondents did not oppose on the merits, but cross-moved to dismiss the petition pursuant to section 1293 of the Civil Practice Act. The cross motion…