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New York County, Surrogate's Court: April 20, 2023

Decision & Order decided on:April 11, 2023

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Decision & Order decided on: April 11, 2023 Surrogate Gingold

ESTATE OF IONNIS MILIOS, Deceased (22-2766) (22-2766/A) — Ionnis Milios (“decedent”) died intestate on June 10, 2022, survived by one daughter, Myrto Miliou (“Miliou”), who is a non-domiciliary alien residing in Greece. Miliou and Virginie Stolz (“Stolz”), a New York resident (collectively, “petitioners”), sought letters of administration. Ellen Gooch, decedent’s girlfriend (“cross-petitioner”), cross-petitioned for the issuance of letters of administration to the Public Administrator, alleging that Miliou was unfit to serve as a fiduciary. Petitioners move to dismiss the cross-petition on the ground that: (1) they have priority to act as fiduciaries as a matter of law (see SCPA 1001 [1] [a]; SCPA 707 [H][c]),1 and (2) the allegations in the cross-petition are insufficient as a matter of law to disqualify Miliou as a fiduciary under SCPA 707(1) (d). In opposition, cross-petitioner first argues, without any authority, that the motion is procedurally defective because, although cited in the notice of motion, petitioners fail to set forth the specific subparagraph of CPLR 3211 upon which they rely.

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