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ESTATE OF GEORGE BABB, Deceased

ESTATE OF GEORGE BABB, Deceased — The respondent in an underlying SCPA2103 proceeding moves for an order granting reconsideration/reargument of the court's prior decision granting summary judgment to the administrator c.t.a. and directing the movant to pay the estate the sum of $173,072.33 plus interest (Matter of Babb, NYLJ, July 18, 2012, at 22, col 4). The respondent fiduciary opposes the motion.

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ESTATE OF GEORGE BABB, Deceased — The respondent in an underlying SCPA2103 proceeding moves for an order granting reconsideration/reargument of the court’s prior decision granting summary judgment to the administrator c.t.a. and directing the movant to pay the estate the sum of $173,072.33 plus interest (Matter of Babb, NYLJ, July 18, 2012, at 22, col 4). The respondent fiduciary opposes the motion.

The convoluted history of this estate was set forth in the summary judgment decision (id.) In essence, after settling a probate proceeding with the movant, the fiduciary commenced the SCPA 2103 proceeding alleging that he subsequently discovered that the movant had not been accurate during her deposition testimony with regard to funds that were initially in the decedent’s accounts but had been transferred to the movant’s own accounts, and the fiduciary sought turnover of funds totaling $173,072.33. In response to the fiduciary’s motion for summary judgment, and in support of her own cross motion, the movant submitted an affirmation stating:

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