Summary
holding that the Surrogate had no power to relieve respondent of his default in filing and recording his notice of election more than twelve months after the issuance of letters nunc pro tunc
Summary of this case from In re NieczajOpinion
Argued March 21, 1961
Decided April 20, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDGAR F. HAZLETON, S.
Sol Bloom and Harold R. Eriv for appellant.
William Gitelman and Robert M. Stein for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.