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  5. 286 A.D. 871 (1955)
 

MATTER OF MASLANKA

286 A.D. 871 (1955)

In the Matter of the Accounting of John Maslanka, as Administrator of The Estate of Matt Maslanka, Deceased In the Matter of the Application of John Maslanka, Individually and as Administrator of The Estate of Matt Maslanka, Deceased, for an Order Transferring to the Surrogate's Court an Action Pending in the Supreme Court, Appellant. Fern C. Maslanka, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1955.

Order affirmed, with $10 costs and disbursements.

The Surrogate's Court was without power under subdivision 9 of section 40 of the Surrogate's Court Act to grant the application. That section authorizes the Surrogate's Court to receive for trial an action in the Supreme Court if the Surrogate consents and the Supreme Court so orders. The Supreme Court action may not be received in the Surrogate's Court for trial because defendants' answer in the Supreme Court action...

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