Opinion
March 6, 1995
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the appeal from the order dated August 16, 1993, is dismissed, as that order was superseded by the order dated November 24, 1993, made upon reargument; and it is further,
Ordered that the order dated November 24, 1993, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The appellants filed a notice of claim and an amended notice of claim in the Surrogate's Court against the estate of Andrew T. Brooks, Sr., for $33,000,000. The claim was rejected by notice dated May 7, 1992, and was received by the appellants' attorney on May 11, 1992. The appellants did not commence the instant action in the Supreme Court, Queens County, until October 27, 1992. Accordingly, pursuant to SCPA 1810, this action is time-barred against the estate (see, e.g., Homemakers Inc. v Williams, 131 A.D.2d 636; Braloff v. Greenberg, 284 App. Div. 105 4). Bracken, J.P., Sullivan, Miller and Goldstein, JJ., concur.