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New York County, Surrogate's Court

Decision & Order decided on:May 10 - June 23, 2022

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Surrogate Anderson

ESTATE OF LEO J. MURPHY, Deceased (06-3057/A) — This petition to withdraw funds on deposit was filed by Ann D’Arpa, an alleged niece of decedent. The proof offered at a hearing held on January 11, 2012, was insufficient to establish that petitioner was decedent’s distributee. Petitioner thereafter died, and her husband, who was appointed as the executor of her estate, appeared in the proceeding in her place. But he has offered no additional proof of kinship, and the matter has been dormant since May of 2015. In view of the foregoing, the court will, pursuant to SCPA §209(8) and CPLR §3216, dismiss this proceeding for failure to prosecute unless a party takes affirmative action to prosecute it by September 30, 2022. This decision constitutes the order of the court. The Clerk of the Court is directed to send a copy of this decision to the parties and their counsel at the addresses in the court file by certified mail, return receipt requested. Dated: June 23, 2022

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