Estate of Goldberg v. Roth

—Judgment, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about June 16, 1994, which, upon granting respondents’ motions to dismiss the petition brought pursuant to CPLR article 78 seeking, inter alia, the annulment of an order of Surrogate’s Court, New York County appointing a guardian ad litem, denied petitioners’ application and dismissed the proceeding, unanimously affirmed, with costs.

*455The IAS Court properly determined that an article 78 proceeding in the Supreme Court was an inappropriate vehicle for seeking the relief requested herein. The proper procedure to…