Matter of Goldsmith v. Office of the Attorney Gen. of the State of New York

135 A.D.3d 441, 21 N.Y.S.3d 886
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 7, 2016
Docket16559 2697/13
StatusPublished

This text of 135 A.D.3d 441 (Matter of Goldsmith v. Office of the Attorney Gen. of the State of New York) 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
Matter of Goldsmith v. Office of the Attorney Gen. of the State of New York, 135 A.D.3d 441, 21 N.Y.S.3d 886 (N.Y. Ct. App. 2016).

Opinion

Order, Surrogate’s Court, New York County (Rita Mella, S.), entered on or about March 19, 2015, which dismissed the petition for a turnover of certain funds held by respondent Office of the Comptroller of the State of New York, unanimously affirmed, without costs.

The Surrogate correctly determined that she had no jurisdiction to review the petition. The comptroller’s final determination of a claim for certain abandoned property “shall be reviewable by application to the supreme court, Albany county” (Abandoned Property Law § 1406 [1] [b]), except in limited circumstances not present in this case (id. § 1406 [3]). *442 Petitioner cannot evade this provision by commencing a turnover proceeding in the Surrogate’s Court. Concur — Acosta, J.P., Andrias, Manzanet-Daniels and Kapnick, JJ.

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Related

§ 1406
New York ABP § 1406

Cite This Page — Counsel Stack

Bluebook (online)
135 A.D.3d 441, 21 N.Y.S.3d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-goldsmith-v-office-of-the-attorney-gen-of-the-state-of-new-york-nyappdiv-2016.