In re Crane

• Decision Date: 07 November 2012
• Citation: 2012 N.Y. Slip Op. 07296,100 A.D.3d 626,953 N.Y.S.2d 170
• Court: New York Supreme Court — Appellate Division
• Parties: In the Matter of Max CRANE, deceased. Alan M. Crane, respondent; Judith Hollander, appellant.

100 A.D.3d 626
953 N.Y.S.2d 170
2012 N.Y. Slip Op. 07296

In the Matter of Max CRANE, deceased.
Alan M. Crane, respondent;
Judith Hollander, appellant.

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

Nov. 7, 2012.

Spizz & Cooper, LLP, Mineola, N.Y. (Harvey W. Spizz of counsel), for appellant.

Vincent G. Berger, Jr., P.C., Babylon, N.Y. (Jacqueline Mahoney of counsel), for respondent.

ANITA R. FLORIO, J.P., THOMAS A. DICKERSON, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.

[953 N.Y.S.2d 171]

[100 A.D.3d 626]In a probate proceeding in which the executor of the estate of Max Crane petitioned for the judicial settlement of his account, the objectant, Judith Hollander, appeals, as limited by her brief, from (1) so much of an order of the Surrogate's Court, Suffolk [100 A.D.3d 627]County (Braslow, A.S.), dated September 6, 2011, as granted that branch of the petitioner's motion which was for summary judgment dismissing one of the objections to the account, and (2) so much of an order of the same court entered February 10, 2012, as, upon renewal and reargument, adhered to the original determination in the order dated September 6, 2011.

ORDERED that the appeal from the order entered September 6, 2011, is dismissed, as that order was superseded by the order entered February 10, 2012, made upon renewal and reargument; and it is further,

ORDERED that the order entered February 10, 2012, is affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the petitioner, payable by the objectant.

The decedent died on March 21, 2003, survived by his adult son (hereinafter the petitioner) and daughter (hereinafter the objectant). After a contested probate proceeding, the decedent's last will and testament, dated March 13, 1997, was admitted to probate. Letters testamentary were issued to the petitioner on May 14, 2004, as the nominated executor of the estate under the decedent's will, in which the petitioner was bequeathed a 60% share of the decedent's estate and the objectant was bequeathed a 40% share of the estate.

On May 9, 2005, the petitioner sought the judicial settlement of his account (hereinafter the account), which, inter alia, reflected a modest estate with total receipts in the sum of $60,500, representing previously unclaimed bond funds which had escheated to the State of New York, and an estate checking account with funds totaling $27,855.74.

The various objections asserted by the objectant against the account included an objection alleging that the petitioner failed to include a claim against himself, individually, for having converted to his own use $2 million worth of municipal bonds which belonged to the decedent (hereinafter the objection).

Following discovery, the petitioner moved for summary judgment dismissing the objection and two other objections. The objectant withdrew the two other objections during the pendency of the...