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ESTATE OF RALPH ELYACHAR, Deceased

ESTATE OF RALPH ELYACHAR, Deceased. (14/1336) — Counsel1 for Michael Weinberger, Esq., the attorney/draftsman of an instrument dated July 23, 2008 (the "instrument"), which has been offered for probate in the estate of Ralph Elyachar, moves this court for a protective order quashing a subpoena for him to appear for an SCPA 1404 pre-objection deposition as the drafter. The motion is opposed by Alice Elyachar ("Alice"), the decedent's surviving spouse. The motion is decided as set forth below.

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ESTATE OF RALPH ELYACHAR, Deceased. (14/1336) — Counsel1 for Michael Weinberger, Esq., the attorney/draftsman of an instrument dated July 23, 2008 (the “instrument”), which has been offered for probate in the estate of Ralph Elyachar, moves this court for a protective order quashing a subpoena for him to appear for an SCPA 1404 pre-objection deposition as the drafter. The motion is opposed by Alice Elyachar (“Alice”), the decedent’s surviving spouse. The motion is decided as set forth below.

The facts in the record of this proceeding have been set forth in this court’s June 9, 2015 decision and order (the “June 9 order”). The facts relevant to this motion are as follows:

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