In re the Estate of Hauck

—Decree, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about February 8, 1993, which ordered, adjudged and decreed that a certain 1950 Jackson Pollock painting is the property of the estate of decedent Janet. C. Hauck, unanimously affirmed, without costs.

This appeal and a companion appeal (Matter of Hauck, 200 AD2d 405 [decided herewith]) concern two paintings by the artist Jackson Pollock. At issue here is the 1950 painting, bequeathed to respondent museum.

Since the parties stipulated that the issue would be decided on the basis of certain deposition transcripts and…