In re the Estate of Coccellato

Appellate Division of the Supreme Court of New York

In re the Estate of Coccellato

202 A.D.2d 942, 609 N.Y.S.2d 455, 1994 N.Y. App. Div. LEXIS 3061

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1994

StatusPublished

This text of 202 A.D.2d 942 (In re the Estate of Coccellato) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Coccellato, 202 A.D.2d 942, 609 N.Y.S.2d 455, 1994 N.Y. App. Div. LEXIS 3061 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from an order of the Surrogate’s Court of Greene County (Battisti, Jr., S.), entered May 7, 1993, which, upon reargument, granted the ancillary administrator’s motion for advice and direction concerning the sale of certain real property.

In this much-disputed estate matter, Surrogate’s Court granted a motion by the ancillary administrator of the estate seeking the approval of a sale of decedent’s interest in a motel property to decedent’s brother. The court decided to approve the sale upon the condition that it yield $100,000 in cash to the estate to be distributed in accordance with decedent’s will. Although decedent’s brother challenges this decision, we see no basis for the appeal. Decedent’s brother is not required to purchase the property on the terms fixed by Surrogate’s Court, but he must comply with those terms if he wants to purchase the property at this time. If decedent’s brother is dissatisfied with the terms, he has an adequate remedy; he can seek a prompt resolution of the pending litigation in Surrogate’s Court.

Cardona, P. J., Mikoll, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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—Appeal from an order of the Surrogate’s Court of Greene County (Battisti, Jr., S.), entered May 7, 1993, which, upon reargument, granted the ancillary administrator’s motion for advice and direction concerning the sale of certain real property.

In this much-disputed estate matter, Surrogate’s Court granted a motion by the ancillary administrator of the estate seeking the approval of a sale of decedent’s interest in a motel property to decedent’s brother. The court decided to approve the sale upon the condition that it yield $100,000 in cash to the estate to be distributed in accordance with decedent’s will. Although decedent’s brother challenges this decision, we see no basis for the appeal. Decedent’s brother is not required to purchase the property on the terms fixed by Surrogate’s Court, but he must comply with those terms if he wants to purchase the property at this time. If decedent’s brother is dissatisfied with the terms, he has an adequate remedy; he can seek a prompt resolution of the pending litigation in Surrogate’s Court.

Cardona, P. J., Mikoll, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

202 A.D.2d 942, 609 N.Y.S.2d 455, 1994 N.Y. App. Div. LEXIS 3061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-coccellato-nyappdiv-1994.