In re Rosenthal

There is no merit to movants’ assertion that the Surrogate lacked the jurisdiction to decide the trustees’ petition in the proceeding underlying this application. On the contrary, the Surrogate’s Court’s jurisdiction encompasses all matters that affect the affairs of a decedent (Matter of Piccione, 57 NY2d 278, 287 [1982]). Thus, there is no basis to vacate the order underlying movants’ application.

Turning to the merits of the application, we find that Surrogate’s Court acted well within its discretion to deny movants’ motion to intervene under either CPLR 1012 or 1013 (see Matter of…