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LILLIAN HILL, DECEASED. MARCIA FITZSIMMONS, ETC., PETITIONER-res-ap, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ETC., ET AL., RESPONDENTS-APPELLANTSRESPONDENTS; ET AL., res

MATTER OF LILLIAN HILL, DECEASED. MARCIA FITZSIMMONS, ETC., PETITIONER-res-ap, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ETC., ET AL., RESPONDENTS-APPELLANTSRESPONDENTS; ET AL., res — (FILE NO. 3420/08)Marcia Fitzsimmons, New Windsor, N.Y., petitioner-respondentappellant pro se.

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MATTER OF LILLIAN HILL, DECEASED. MARCIA FITZSIMMONS, ETC., PETITIONER-res-ap, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ETC., ET AL., RESPONDENTS-APPELLANTSRESPONDENTS; ET AL., res — (FILE NO. 3420/08)Marcia Fitzsimmons, New Windsor, N.Y., petitioner-respondentappellant pro se.

In a probate proceeding in which Marcia Fitzsimmons, as preliminary executor of the decedent’s estate, petitioned pursuant to SCPA 2103 for the turnover of certain property on behalf of the decedent’s estate, Mortgage Electronic Registration Systems, Inc., as nominee for Bank Of America, N.A., and Bank of America, N.A., appeal from so much of an order of the Surrogate’s Court, Queens County (Kelly, S.), dated July 23, 2012, as determined that they are in privity with Brenda Watson and, therefore, are collaterally estopped from seeking to establish the validity of the subject deed in this proceeding, and Marcia Fitzsimmons cross-appeals from the same order, which denied her motion for summary judgment on the petition.

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