Matter of Obregon

I respectfully dissent. In my view, the New York Constitution’s grant of broad, plenary powers to the Surrogate’s Court “over all actions and proceedings relating to the affairs of decedents, probate of wills, administration of estates” is amply sufficient to justify the exercise of jurisdiction in this discovery and turnover proceeding (NY Const, art VI, § 12 [d] [emphasis supplied]). There is nothing in the language of the pertinent provisions of the Surrogate’s Court Procedure Act or our precedents to justify circumscribing that expansive grant of power in this case.

The SCPA consistently…