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MATTER OF GARDINER v. UNITED STATES TRUST COMPANY OF NEW YORK

275 A.D.2d 413 (2000)

712 N.Y.S.2d 873

In the Matter of ROBERT D. L. GARDINER, Appellant, v. UNITED STATES TRUST COMPANY OF NEW YORK et al., Respondents.

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

Decided August 21, 2000.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, pursuant to SCPA 1902, the Surrogate's Court has concurrent jurisdiction to grant the relief he seeks. Moreover, given the familiarity of the Surrogate's Court, New York County, with this matter (see, Matter of Gardiner, 181 A.D.2d 91), the Supreme Court providently exercised its discretion in transferring this...

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