In re the Estate of Hauck

—Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about July 8, 1993, which, after hearing, dismissed the petition to compel delivery of a certain 1948 painting by Jackson *406Pollock in the possession of the Executors, unanimously affirmed, without costs.

For reasons similar to those stated in Matter of Hauck (200 AD2d 405 [decided herewith]), the evidence presented at the hearing concerning the 1948 painting does not satisfy the putative donee’s burden of persuasion (Mortellaro v Mortellaro, 91 AD2d 862, 863) to present clear and convincing proof (Matter of Lefft, 44…