In re the Application for Turnover of Partnership Interests Owned by Abraham Rad

Order, Surrogate’s Court, New York County (Renee Roth, S.), entered September 15, 2006, which granted respondent trustee’s motion to dismiss appellants’ petition to remove him, and denied appellants’ motion to renew a prior order directing appellants to turn over to the trustee the decedent’s interest in certain funds of appellant partnership, unanimously affirmed, with costs.

Appellants’ claim that the turnover proceeding was jurisdictionally defective because unpaid creditors of the estate were not made parties thereto is improperly raised for the first time on appeal, and we decline to…