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Peter C. Valente and Herbert Bockstein, members of Blank Rome, write that despite the Legislature giving the court more discretion by inserting into SCPA 707(1)(e) language with no discernible standards, courts have generally resisted using this new power, possibly because it could invite a floodgate of disqualification proceedings, even when there is only the slightest of issues between a beneficiary and a named executor, thus protracting the estate administration process.
July 10, 2008 at 12:00 AM
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