MATTER OF DE MAIO


13 Misc.3d 190 (2006)

819 N.Y.S.2d 648

In the Matter of the Estate of ANTHONY DE MAIO, Deceased.

Surrogate's Court, Kings County.

June 27, 2006.


Attorney(s) appearing for the Case

Susan Feldman-Gordon, Larchmont, for proponent.

Deidra Moore, Bronx, for objectant.


OPINION OF THE COURT

FRANK R. SEDDIO, S.

In this contested probate proceeding, petitioner seeks a declaration that the proceeding was commenced on December 8, 2005, before the commencement of a probate proceeding in Arizona. Objectant seeks an order dismissing the probate proceeding on the grounds that this court lacks subject matter jurisdiction (CPLR 3211 [a] [2]) and that there is a prior proceeding pending in Arizona (CPLR 3211 [a] [4]).

The...

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