In re the Estate of Zaharis

Weiss, J..

Appeal from an order of the Surrogate’s Court of Broome County (Thomas, S.), entered November 23, 1987, which, inter alia, denied respondents’ cross motion to modify a prior decree of the court.

Following this court’s decision in Matter of Zaharis (91 AD2d 737, affd 59 NY2d 629), as a result of which decedent was deemed to have died intestate, her brother, petitioner, the sole distributee, was appointed administrator of the estate in May 1983. Contemporaneously, the temporary letters of administration issued to respondent Dino Theodoropoulos (hereinafter respondent) were revoked, and…