MATTER OF PICCIONE


57 N.Y.2d 278 (1982)

In the Matter of The Estate of Nicholas A. Piccione, Deceased. Jean M. Piccione et al., as Coexecutors of Nicholas A. Piccione, Deceased, Appellants; All Craft Finishing, Inc., et al., Respondents. In the Matter of Nicholas A. Piccione, Deceased. Jean M. Piccione et al., as Coexecutors of Nicholas A. Piccione, Deceased, et al., Appellants; All Craft Finishing, Inc., et al., Respondents; All Craft Metals, Inc., Intervenor-Appellant. Fire Burglary Instruments, Inc., et al., Respondents, v. Jean M. Piccione et al., as Coexecutors of Nicholas A. Piccione, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided November 11, 1982.


Attorney(s) appearing for the Case

Edward P. Schroeder for appellant in the first above-entitled matter.

A. Thomas Levin for respondents in the first above-entitled matter.

Edward P. Schroeder and E. Scott Schroeder for Jean M. Piccione and another, appellants in the second above-entitled matter.

Christopher S. Rooney for Data Control Systems, Inc., appellant, and for intervenor-appellant in the second above-entitled matter.

A. Thomas Levin for respondents in the second above-entitled matter.

Edward P. Schroeder and E. Scott Schroeder for appellants in the third above-entitled matter.

A. Thomas Levin for respondents in the third above-entitled matter.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.


FUCHSBERG, J.

These three appeals, in separate but interrelated cases, require us to probe the scope of the jurisdiction conferred on our Surrogate's Court. In particular, we are called upon to treat with article VI (§ 12, subd d) of our State Constitution and SCPA 201 (subds 1, 3) and SCPA 202. At issue too is the impact, if any, of RPAPL 701 on the power of the Surrogate's Court to entertain a dispute...

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