GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., RESPONDENT-ap; MARK HERSH APPELLANTS-RESPONDENTS res

MATTER OF GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., RESPONDENT-ap; MARK HERSH APPELLANTS-RESPONDENTS res — (FILE NO. 4035/07)In a probate proceeding in which Esther Rachel Hersh, the executor of the estate of George Hersh, petitioned pursuant to SCPA 2103 to recover certain property on behalf of the estate, (1) Mark Hersh, G.M. Canmar Residence Corp., G.M. Beverly Corp., Frant Hotel, LLC, Main Street Liberty, LLC, 229 West 109th Street Realty Corp., and Brenman Capital Corp. appeal, as limited by their brief, from so much of an order of the Surrogate's Court, Queens County (Kelly, S.), dated June 26, 2013, as granted that branch of the petitioner's motion which was for leave to amend the petition to include new causes of action alleging fraud, and (2) the petitioner crossappeals, as limited by her brief, from so much of the same order as denied that branch of her motion which was for leave to amend the petition to add Elmar Realty, LLC, JGM Realty, LLC, and West Colonial Enterprises, LLC, as respondents.

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MATTER OF GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., RESPONDENT-ap; MARK HERSH APPELLANTS-RESPONDENTS res — (FILE NO. 4035/07)In a probate proceeding in which Esther Rachel Hersh, the executor of the estate of George Hersh, petitioned pursuant to SCPA 2103 to recover certain property on behalf of the estate, (1) Mark Hersh, G.M. Canmar Residence Corp., G.M. Beverly Corp., Frant Hotel, LLC, Main Street Liberty, LLC, 229 West 109th Street Realty Corp., and Brenman Capital Corp. appeal, as limited by their brief, from so much of an order of the Surrogate’s Court, Queens County (Kelly, S.), dated June 26, 2013, as granted that branch of the petitioner’s motion which was for leave to amend the petition to include new causes of action alleging fraud, and (2) the petitioner crossappeals, as limited by her brief, from so much of the same order as denied that branch of her motion which was for leave to amend the petition to add Elmar Realty, LLC, JGM Realty, LLC, and West Colonial Enterprises, LLC, as respondents.

ORDERED that the order is affirmed insofar as appealed from; and it is further,

GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., RESPONDENT-ap; MARK HERSH APPELLANTS-RESPONDENTS res

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