In re Estate of Guzzo

In a proceeding pursuant to SCPA 809 (1) for leave to commence an action or proceeding against the respondent United States Fire Insurance Company to recover on a bond it issued to the administrator of the estate of Michael L. Guzzo, the petitioners appeal from an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated February 26, 2001, which denied their application.

*608Ordered that the order is affirmed, with costs.

Contrary to the petitioners’ contention, the Surrogate’s Court properly denied their application for leave to commence an action or proceeding pursuant to SCPA 809 (1)…