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In the Matter of the Estate of HERMAN M. BRALOFF, Deceased. MORRIS BRALOFF, as Executor of HERMAN M. BRALOFF, Deceased, Appellant; JOHN D. BENNETT, as Surrogate of Nassau Co., Respondent.

Appeal dismissed, without costs. An appeal does not lie from an ex parte order. ( Matter of Costello, 117 App. Div. 807; Moore v. American Molasses Co., 179 App. Div. 505; People ex rel. Ackerman v. Lumb, 6 App. Div. 26.) In any event, we have examined the merits and find no abuse of discretion. Nolan, P.J., MacCrate, Schmidt, Murphy and Ughetta, JJ., concur.

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MATTER OF BRALOFF
(May 23, 1955)