In re the Estate of Dorman

OPINION OF THE COURT

Larry M. Himelein, J.

Respondents, two of decedent’s three children, have filed a *480demand for the examination of the executrix pursuant to SCPA 2211 (2). Respondents have also served a “notice for discovery and production of documents” that requires the executrix to turn over to respondents certain documents prior to the examination. When the executrix refused to comply, respondents brought the instant motion seeking CPLR article 31 discovery prior to the SCPA 2211 examination.

Respondents contend that, because the SCPA does not provide for discovery, the CPLR discovery rules…