SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 30, 1969
IN THE MATTER OF THE ESTATE OF KARNIK SARKISSIAN, DECEASED. MORTON H. ABRAMOWITZ, AS EXECUTOR OF KARNIK SARKISSIAN, DECEASED, APPELLANT; ISABEL KARAYAN, AS EXECUTRIX OF HERMINE SARKISSIAN, DECEASED, RESPONDENT
Appeal from order and judgment of Niagara Surrogate's Court vacating order granting right of election.
Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.
Memorandum: While, on the record before us, the order appealed from appears to have been properly made, we do not affirm it for the reason that the appellant as one of three surviving executors cannot take an effective appeal without participation therein of his coexecutors (Matter of Luckenbach, 278 App. Div. 114, 119, 120, revd. 303 N. Y. 491, 496) and for the further reason that he is not under the circumstances an aggrieved party (Isham v. New York Assn. for Poor, 177 N. Y. 218; Bryant v. Thompson, 128 N. Y. 426; Matter of Cannan, 278 App. Div. 742).
Appeal unanimously dismissed, without costs.
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