Legal Opinion

In re the Judicial Settlement of the Final Account of Proceedings of Fleet National Bank

New York Supreme Court

Decided June 30, 2008Published

1Opinion of the Court

OPINION OF THE COURT

George B. Ceresia, Jr., J.

On December 19, 2007 the undersigned issued an order, based upon the written consent of all parties, transferring the above matters, then pending in Albany County Supreme Court, to Albany County Surrogate’s Court. In a letter-order dated March 14, 2008 the court advised the parties that it was considering vacating the December 19, 2007 order on grounds that the Surrogate’s Court does not have subject matter jurisdiction to entertain the proceedings by virtue of the provisions of EPTL 8-1.1, since the proceedings involve living trusts established…

2Cases cited10 opinions

  1. Tilden v. . GreenNew York Court of Appeals · 1891
  2. MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002
  3. State v. PatriciaNew York Court of Appeals · 2006
  4. People v. LittoNew York Court of Appeals · 2007
  5. Excellus Health Plan, Inc. v. SerioNew York Court of Appeals · 2004

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