In re the Estate of Hutchinson

Appellate Division of the Supreme Court of New York

In re the Estate of Hutchinson

2 A.D.3d 1255, 768 N.Y.S.2d 838, 2003 N.Y. App. Div. LEXIS 14079

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

DecidedDecember 31, 2003

StatusPublished

This text of 2 A.D.3d 1255 (In re the Estate of Hutchinson) 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 Hutchinson, 2 A.D.3d 1255, 768 N.Y.S.2d 838, 2003 N.Y. App. Div. LEXIS 14079 (N.Y. Ct. App. 2003).

Pincite

Opinion

Lahtinen, J.

Appeal from an order of the Surrogate’s Court of Sullivan County (Ledina, S.), entered September 25, 2002, which granted petitioners’ application to modify the temporary letters of administration.

[1256]*1256Respondent asserts numerous procedural errors by petitioners in bringing this matter before Surrogate’s Court, including, among others, failure to follow the statutory procedures for commencing a special proceeding, failure to pay the mandated filing fee and failure to adhere to the terms of the order appointing petitioners as temporary coadministrators of decedent’s estate. Petitioners have informed this Court that they are not opposing respondent’s appeal, but are instead recommencing the matter as a formal petition in compliance with the governing statutes. Since respondent’s appeal is unopposed and the preserved arguments are meritorious, the order must be reversed, without prejudice to a properly commenced proceeding.

Mercure, J.P., Spain, Carpinello and Mugglin, JJ., concur. Ordered that the order is reversed, on the law, without costs, and petition dismissed.

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Lahtinen, J.

Appeal from an order of the Surrogate’s Court of Sullivan County (Ledina, S.), entered September 25, 2002, which granted petitioners’ application to modify the temporary letters of administration.

[1256]*1256Respondent asserts numerous procedural errors by petitioners in bringing this matter before Surrogate’s Court, including, among others, failure to follow the statutory procedures for commencing a special proceeding, failure to pay the mandated filing fee and failure to adhere to the terms of the order appointing petitioners as temporary coadministrators of decedent’s estate. Petitioners have informed this Court that they are not opposing respondent’s appeal, but are instead recommencing the matter as a formal petition in compliance with the governing statutes. Since respondent’s appeal is unopposed and the preserved arguments are meritorious, the order must be reversed, without prejudice to a properly commenced proceeding.

Mercure, J.P., Spain, Carpinello and Mugglin, JJ., concur. Ordered that the order is reversed, on the law, without costs, and petition dismissed.

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Bluebook (online)

2 A.D.3d 1255, 768 N.Y.S.2d 838, 2003 N.Y. App. Div. LEXIS 14079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-hutchinson-nyappdiv-2003.