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ESTATE OF RAFAEL E. BREA, Deceased

ESTATE OF RAFAEL E. BREA, Deceased (1260/12) — On the return date of this application by a creditor for the issuance of letters of administration to either the decedent's son, his only distributee, or the Public Administrator, the son defaulted and the Public Administrator appeared and filed opposition to his appointment as administrator based upon the insolvency of the estate.

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ESTATE OF RAFAEL E. BREA, Deceased (1260/12) — On the return date of this application by a creditor for the issuance of letters of administration to either the decedent’s son, his only distributee, or the Public Administrator, the son defaulted and the Public Administrator appeared and filed opposition to his appointment as administrator based upon the insolvency of the estate.

Based upon this state of the record, the application is granted to the extent that the Public Administrator is excused from serving as administrator (see SCPA 1003 [3]), and the petitioner shall designate an eligible person to serve as the administrator of the estate who, upon duly qualifying, shall receive letters of administration so that the petitioner may pursue the underlying foreclosure action.

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