Legal Opinion
Braker v. Braker Memorial Home
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1986PublishedCited by 2 opinions
1Opinion of the Court
Order, Surrogate’s Court, New York County (Renee R. Roth, S.), entered July 29, 1985, which granted respondents’ motion to dismiss the petition for lack of subject *586matter jurisdiction, modified, on the law, to reinstate the petition and transfer the action to the Supreme Court, and as so modified, the order is affirmed, without costs.
We agree, essentially for the reasons stated by the Surrogate in her opinion (127 Misc 2d 894), that the instant case does not affect the affairs of the decedent or the administration of his estate, which were terminated by final decree in 1925. (See, Matter of…
2Cases cited7 opinions
- In re the Estate of PiccioneNew York Court of Appeals · 1982
- In re the Estate of JamesNew York Surrogate's Court · 1953
- In re the Estate of VanderbiltNew York Surrogate's Court · 1981
- Sims v. ManleyAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Construction of the Will of JamesNew York Court of Appeals · 1955
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Lawrence W.New York City Family Court · 1988
- In re Estate of DuganAppellate Division of the Supreme Court of the State of New York · 1989