Matter of Faggen

Matter of Faggen 2011 NY Slip Op 01413 Decided on February 24, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 24, 2011
Mazzarelli, J.P., Andrias, Catterson, Moskowitz, Román, JJ.
4360 2412/80 4360A

[*1]In re Donald Faggen, etc., Index Celia Faggen, Deceased.

Donald Faggen, Petitioner-Appellant,

v

JP Morgan Chase, N.A. et al., Respondent-Respondent.






Neil B. Hirschfeld, New York, for appellant.
Blank Rome LLP, New York (Leonard D. Steinman of counsel),
for respondents.

Orders, Surrogate's Court, New York County (Troy K. Webber, S.), entered on or about October 7, 2009 and November 9, 2009, which granted the motion by the executors of the estate of Rose Faggen to dismiss the petition to compel an accounting of the estate of Celia Faggen, unanimously affirmed, without costs.

Petitioner seeks to compel an accounting of the estate of Celia Faggen, who died in 1980, by co-fiduciaries of the estate of decedent Rose Faggen. Rose Faggen was the executrix of decedent Harold Faggen who, in turn, was the executor of Celia Faggen's estate. A compelled accounting by fiduciaries thrice removed from the subject estate is not authorized by the
Surrogate's Court Procedure Act (see SCPA 2207; Matter of Griffin, 170 Misc 1066 [1939] [construing predecessor to SCPA 2207]).

In view of the foregoing, the issue of petitioner's concession during colloquy in the Surrogate's Court is moot.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 24, 2011

CLERK