MATTER OF GOLDSMITH v. OFFICE OF THE ATTORNEY GENERAL

16559 2697/13

135 A.D.3d 441 (2016)

21 N.Y.S.3d 886

2016 NY Slip Op 00036

In the Matter of CLARISSA GOLDSMITH, Appellant, v. OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided January 7, 2016.


The Surrogate correctly determined that she had no jurisdiction to review the petition. The comptroller's final determination of a claim for certain abandoned property "shall be reviewable by application to the supreme court, Albany county" (Abandoned Property Law § 1406 [1] [b]), except in limited circumstances not present in this case (id. § 1406 [3]). Petitioner cannot evade this provision by commencing a turnover...

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