In re Keller

In a proceeding pursuant to SCPA 2103, inter alia, to discover certain personal property allegedly withheld from the estate of Phyllis P. Keller, John Phillip Keller, as executor of the estate of William J. Keller, appeals from an order of the Surrogate’s Court, Queens County (Laurino, S.), entered July 12, 1989, which denied his motion for summary judgment dismissing the proceeding.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the proceeding is dismissed.

*450We agree with the appellant’s contention that the proceeding must be dismissed…