In re the Estate of Marriott

*944It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is granted in accordance with the following memorandum: Petitioner commenced this proceeding pursuant to SCPA 2103 seeking discovery and delivery of certain assets that allegedly belonged to the estate of Aldona K. Marriott (decedent). We agree with petitioner that Surrogate’s Court erred in denying her motion for summary judgment seeking, inter alia, an order directing that the net proceeds from the sale of decedent’s residence (hereafter, property) be released to her estate.

Wh…