Stortecky v. Mazzone

OPINION OF THE COURT

William H. Keniry, J.

The court in this CPLR article 78 proceeding is asked to grant a writ of prohibition and writ of mandamus, inter alia, enjoining the respondent Surrogate of Fulton County from conducting a hearing, sua sponte, into the administration of an estate and directing the respondent Surrogate to approve a final account.

I

BACKGROUND

The events leading up to this proceeding can be succinctly stated. Heinz Schmidt, who immigrated to this country from his native Germany with his parents as a young boy, died *18testate on June 24, 1987 leaving an estate valued at just…