In re Ross

In a probate proceeding, the preliminary executrix appeals from an order of the Surrogate’s Court, Queens County (Nah-man, S.), dated May 10, 1995, which denied her application for an extension of preliminary testamentary letters and appointed the public administrator as temporary executor of the estate. The appeal brings up for review an order of same court dated June 19, 1995, which denied the preliminary executrix’s motion, in effect, to renew (see, CPLR 5517 [b]).

Ordered that the order dated June 19, 1995, is reversed, on the law and as an exercise of discretion, without costs or…