Opinion
December 7, 1987
Appeal from the Surrogate's Court, Suffolk County (Signorelli, S.).
Ordered that the order is affirmed, with costs payable by the appellant personally.
Pursuant to SCPA 202 and SCPA 719 the Surrogate's Court is empowered to revoke letters issued to a fiduciary without a petition or issuance of process. In light of the petitioner's obstructionist conduct as a coexecutor, the court properly granted Rose Catania's application for his removal. Dismissal of the petitioner's discovery proceeding for failure to prosecute was also appropriate in light of his failure to attend the scheduled conference of attorneys which twice had been adjourned to accommodate his schedule. Rubin, J.P., Kooper, Sullivan and Harwood, JJ., concur.