Lainez, In re
| Decision Date | 19 November 1981 |
| Citation | 446 N.Y.S.2d 942,55 N.Y.2d 657 |
| Parties | , 431 N.E.2d 303 In the Matter of Mary LAINEZ, Deceased. Jeannette GAHRMAN, as Administratrix, et al., Respondents, v. DEPARTMENT OF SOCIAL SERVICES OF the CITY OF NEW YORK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
On summary consideration, order affirmed, with costs, for the reasons stated in the opinion by Justice Leon D. Lazer at the Appellate Division (79 A.D.2d 78, 435 N.Y.S.2d 798).
All concur.
To continue reading
Request your trial
23 cases
-
Piccione's Estate, Matter of
...of the tenants' section 701 argument, but, citing to Matter of Lainez, 79 A.D.2d 78, 80, 435 N.Y.S.2d 798, affd. 55 N.Y.2d 657, 446 N.Y.S.2d 942, 431 N.E.2d 303, ruled the proceeding an "independent controversy * * * outside of the subject matter jurisdiction of the Surrogate's Court". Acco......
-
In re Estate of Marino
... ... Specifically, Piccione instructs: (1) the rationale for Matter of Lainez (79 A.D.2d 78 [1981], affd 55 N.Y.2d 657 [1981] ) holding that the surrogate's court lacks jurisdiction to adjudicate the validity of a claim asserted against a beneficiary of the decedent's estate by an alleged creditor of the beneficiary is not because the claim is a dispute between living ... ...
-
U.S. v. Pikna, 1267
... ... , and the New York appellate courts have consistently ruled that its jurisdiction is limited to matters "relating to estates and the affairs of decedents." See, e.g., In re the Estate of Piccione, 57 N.Y.2d 278, 289-90, 456 N.Y.S.2d 669, 674, 442 N.E.2d 1180, 1185 (1982); In re Lainez, 79 A.D.2d 78, 435 N.Y.S.2d 798 (2d Dep't), aff'd, 55 N.Y.2d 657, 446 N.Y.S.2d 942, 431 N.E.2d 303 (1981) ... Under state law, if the relationship of the dispute to the estate is attenuated, the jurisdiction of the surrogate's court to resolve it is doubtful. Thus, the New York ... ...
-
Estate of Corning, Matter of
... ... Since the claims specifically seek money from living persons as officers and directors of a corporation, the controversy relates to matters between living persons and does not involve Corning's estate or its representative (see Matter of Lainez, 79 A.D.2d 78, 80, 435 N.Y.S.2d 798, affd. 55 N.Y.2d 657, 446 N.Y.S.2d 942, 431 N.E.2d 303). Accordingly, these claims should be transferred to Trial Term of Supreme Court, Albany County, for further proceedings related thereto (see N.Y. Const., art. VI, § 19[d] ) ... Decree ... ...
Request a trial to view additional results