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MATTER OF TALMAGE

64 A.D.3d 662 (2009)

883 N.Y.S.2d 278

In the Matter of the Estate of LARRY R. TALMAGE, Deceased. CLAUDIA ORTMANN, Appellant; ELIZABETH K. TALMAGE et al., Respondents.

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

Decided July 14, 2009.

Ordered that the order is affirmed, with costs.

Pursuant to SCPA 1902, the Surrogate's Court has concurrent jurisdiction with the Supreme Court to grant relief sought pursuant to RPAPL 1602 (see Matter of Gardiner v United States Trust Co. of N.Y., 275 A.D.2d 413, 414 [2000]; Matter of Sauer, 194 Misc.2d 634, 637-638 [2002]), which provides that "[w]hen the ownership of real...

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