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MATTER OF STUART

261 A.D.2d 550 (1999)

690 N.Y.S.2d 644

In the Matter of the Estate of JAMES B. STUART, Deceased. THEODORE O. PROUNIS, Appellant-Respondent; HELEN H. BENDER et al., Respondents-Appellants; CYNTHIA STUART, Respondent.

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

Decided May 17, 1999.

Ordered that the cross appeal is dismissed as withdrawn; and it is further,

Ordered that the decree is affirmed insofar as appealed from; and it is further,

Ordered that the petitioners are awarded one bill of costs payable by the appellant personally.

Contrary to the appellant's contention, the New York Constitution grants the Surrogate's Court jurisdiction over "all actions and proceedings relating to the affairs of decedents, probate of wills [and...

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