MATTER OF KAMINESTER v. FOLDES


51 A.D.3d 528 (2008)

859 N.Y.S.2d 412

In the Matter of KIMBERLY KAMINESTER, Respondent, v. INALEE FOLDES, Appellant.

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

Decided May 20, 2008.


The IAS court properly maintained jurisdiction over this matter after the AIP's death, as Supreme Court and Surrogate's Court have concurrent jurisdiction in matters involving a decedent's estate (see Williams v Williams, 36 A.D.3d 693, 695 [2007]). Here, the IAS court signed the temporary restraining order and had authority to enforce it (Judiciary Law § 753 [A] [3]). Even if the IAS court were divested of jurisdiction, "a...

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