In re the Estate of Hyman

Decree, Surrogate’s Court, New York County (Kristin Booth *584Glen, S.), entered on or about December 10, 2008, which, to the extent appealed from as limited by the briefs, limited the conditional release and discharge to petitioner Bruce Hyman, unanimously modified, on the facts and in the exercise of discretion, the limitation removed, and otherwise affirmed, without costs.

When there is an inconsistency between a judgment or order and the decision upon which it is based, the decision controls, and such inconsistency may be corrected on appeal (see Green v Morris, 156 AD2d 331 [1989], lv denied…