In re the Estate of Bertucci

OPINION OF THE COURT

C. Raymond Radigan, J.

In this proceeding by a judgment creditor of decedent for leave to issue execution against the real property owned by the decedent at the time of his death (SCPA 1812), the papers show that an action to foreclose a mortgage on the premises is pending in the Supreme Court, Nassau County.

The purpose of SCPA 1812, like EPTL 11-4.6, is to prevent one creditor from obtaining an undue advantage over another of the same class in the distribution of assets of an estate (Matter of Perkins, 122 Misc 593, 597; cf., Matter of Fernandez, 79 Misc 2d 455, 456). The…