Petitioner was never appointed administrator, fiduciary or other legal representative of the conservatee. Rather, he was only directed by the IAS court, in a prior order, to marshal the conservatee's assets, which does not amount to appointment as a fiduciary (see, EPTL 1-2.7, 11-1.1 [b]). While the Supreme Court has jurisdiction concurrent with the Surrogate's Court, that jurisdiction should be exercised sparingly in the absence of special circumstances (Matter...
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