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THOMAS G. IMPERATO, DECEASED. ANGELA AMENGUAL, AS EXECUTRIX OF THE ESTATE OF THOMAS G. IMPERATO, res; ALFRED ZUCARO ap

MATTER OF THOMAS G. IMPERATO, DECEASED. ANGELA AMENGUAL, AS EXECUTRIX OF THE ESTATE OF THOMAS G. IMPERATO, res; ALFRED ZUCARO ap — (FILE NO. 61/05)In a probate proceeding in which the executrix of the estate of Thomas G. Imperato petitioned pursuant to SCPA 2103 for the turnover of certain funds on behalf of the estate, Alfred Zucaro and the Estate of Maria Zucaro appeal from a decree of the Surrogate's Court, Rockland County (Walsh II, S.), dated January 22, 2015, which granted the petitioner's motion for summary judgment on the petition and denied their cross motion for summary judgment dismissing the petition.

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MATTER OF THOMAS G. IMPERATO, DECEASED. ANGELA AMENGUAL, AS EXECUTRIX OF THE ESTATE OF THOMAS G. IMPERATO, res; ALFRED ZUCARO ap — (FILE NO. 61/05)In a probate proceeding in which the executrix of the estate of Thomas G. Imperato petitioned pursuant to SCPA 2103 for the turnover of certain funds on behalf of the estate, Alfred Zucaro and the Estate of Maria Zucaro appeal from a decree of the Surrogate’s Court, Rockland County (Walsh II, S.), dated January 22, 2015, which granted the petitioner’s motion for summary judgment on the petition and denied their cross motion for summary judgment dismissing the petition.

ORDERED that the decree is modified, on the law, (1) by deleting the provision thereof granting the petitioner’s motion for summary judgment on the petition, and substituting therefor a provision denying the motion, and (2) by deleting the provision thereof denying that branch of the cross motion of Alfred Zucaro and the Estate of Maria Zucaro which was for summary judgment dismissing the cause of action alleging conversion, and substituting therefor a provision granting that branch of the cross motion; as so modified, the decree is affirmed, without costs or disbursements.

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