Opinion
2013-01-23
In the Matter of George HERSH, deceased. Esther Rachel Hersh, petitioner-respondent; Mark Hersh, et al., appellants, et al., respondents.
Brown & Whalen, P.C., New York, N.Y. (Rodney A. Brown and Ryan J. Whalen of counsel), for appellants. T. Kevin Murtha & Associates, P.C., Westbury, N.Y. (William Bird III of counsel), for petitioner-respondent.
Brown & Whalen, P.C., New York, N.Y. (Rodney A. Brown and Ryan J. Whalen of counsel), for appellants. T. Kevin Murtha & Associates, P.C., Westbury, N.Y. (William Bird III of counsel), for petitioner-respondent.
In a probate proceeding, in which Esther Rachel Hersh, as executor of the estate of George Hersh, petitioned, proceeding, inter alia, pursuant to SCPA 2103 to discover assets, Mark Hersh, GM Canmar Residence Corp., GM Beverly Corp., Frant Hotel LLC, Main Street Liberty LLC, 229 West 109th Street Realty Corp., and Breman Capital Corp., appeal from so much of an order of the Surrogate's Court, Queens County (Kelly, S.), dated June 15, 2011, as denied that branch of their motion which was pursuant to CPLR 3211(a)(2) to dismiss the petition for lack of subject matter jurisdiction.
ORDERED that the order is affirmed insofar as appealed from, with costs payable by the appellants personally.
Contrary to the appellants' contention, the relief sought in the subject petition is related to the decedent's affairs and the administration of the decedent's estate, which will be tangibly affected by the outcome of this proceeding, such that the Surrogate's Court may properly exercise jurisdiction over the petition ( see N.Y. Const., art. VI, § 12[d]; Matter of Piccione, 57 N.Y.2d 278, 290, 456 N.Y.S.2d 669, 442 N.E.2d 1180;Matter of Denton, 6 A.D.3d 531, 532, 774 N.Y.S.2d 424;see also Matter of Verdeschi, 63 A.D.3d 1084, 882 N.Y.S.2d 440;Matter of Rosmarin, 107 A.D.2d 689, 484 N.Y.S.2d 44;cf. Lincoln First Bank v. Sanford, 173 A.D.2d 65, 68, 579 N.Y.S.2d 781;Matter of Corning, 108 A.D.2d 96, 102–103, 488 N.Y.S.2d 477;Matter of Lainez, 79 A.D.2d 78, 80, 435 N.Y.S.2d 798;Matter of Luckenbach, 46 Misc.2d 864, 865, 261 N.Y.S.2d 106).
The appellants' remaining contentions are without merit or need not be reached in light of the foregoing.