Opinion
February 27, 1995
Appeal from the Surrogate's Court, Westchester County (Emanuelli, S.).
Ordered that the order is affirmed insofar as appealed from, with costs payable by the petitioner personally.
The petitioner failed to raise triable issues of fact to be adjudicated. The petitioner's bald allegations that the preliminary executor wasted estate assets, improvidently managed the family-owned companies, and committed other acts of misconduct and dishonesty are insufficient to establish a genuine issue of material fact warranting a trial (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562; Matter of Wagner, 106 A.D.2d 646).
Furthermore, the petitioner failed to allege an omission in the respondent's petition for preliminary letters of administration that would constitute the false suggestion of material facts so as to warrant the revocation of those letters.
The petitioner's remaining contentions are without merit. Mangano, P.J., Bracken, Altman and Goldstein, JJ., concur.