Legal Opinion
In re the Estate of De Maio
New York Surrogate's Court
Decided June 27, 2006Published
1Opinion of the Court
OPINION OF THE COURT
Frank R. Seddio, S.
In this contested probate proceeding, petitioner seeks a declaration that the proceeding was commenced on December 8, 2005, before the commencement of a probate proceeding in Arizona. Objectant seeks an order dismissing the probate proceeding on the grounds that this court lacks subject matter jurisdiction (CPLR 3211 [a] [2]) and that there is a prior proceeding pending in Arizona (CPLR 3211 [a] [4]).
The decedent died on December 4, 2005, survived by two grandchildren, Andy Ferguson and Kathleen Ferguson Scott. The decedent was born and raised in…
2Cases cited9 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Vetrone v. MackinAppellate Division of the Supreme Court of the State of New York · 1995
- Mandel v. Waltco Truck Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Rybka v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- In re the Judicial Settlement of the Account of FeltAppellate Division of the Supreme Court of the State of New York · 1935
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