Legal Opinion

In re the Estate of Piccione

New York Court of Appeals

Decided November 11, 1982PublishedCited by 102 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

These three appeals, in separate but interrelated cases, require us to probe the scope of the jurisdiction conferred on our Surrogate’s Court. In particular, we are called upon to treat with article VI (§ 12, subd d) of our State Constitution and SCPA 201 (subds 1, 3) and SCPA 202. At issue too is the impact, if any, of RPAPL 701 on the power of the Surrogate’s Court to entertain a dispute over the possession of real estate.

The three cases arise out of the administration of a parcel of improved realty held by Jean M. Piccione and Bernard Grossman as executors…

2Cases cited20 opinions

  1. Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
  2. Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
  3. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  4. Lizza Industries, Inc. v. Long Island Lighting Co.New York Court of Appeals · 1975
  5. Ratka v. St. Francis HospitalNew York Court of Appeals · 1978

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3Cited by102 opinions

  1. Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. CerroneCourt of Appeals for the Second Circuit · 2002
  2. In re the Estate of KummerAppellate Division of the Supreme Court of the State of New York · 1983
  3. In re GoldstickAppellate Division of the Supreme Court of the State of New York · 1992
  4. In re the Estate of CorningAppellate Division of the Supreme Court of the State of New York · 1985
  5. In re the Estate of LupoliAppellate Division of the Supreme Court of the State of New York · 2000

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