Opinion
March 9, 1987
Appeal from the Supreme Court, Nassau County (Wager, J.).
Ordered that the order is affirmed, with one bill of costs payable by the petitioners-appellants and the respondent-appellant appearing separately and filing separate briefs.
Since the application for arbitration involved the property of a decedent's estate, the Supreme Court correctly transferred the proceeding to the Surrogate's Court (see, Nichols v. Kruger, 113 A.D.2d 878; Peekskill Community Hosp. v. Sayres, 88 A.D.2d 657; Hollander v. Hollander, 42 A.D.2d 701). In addition, the application for arbitration involved questions previously considered in a pending proceeding in the Surrogate's Court and it was thus appropriate for the Supreme Court to decline to review them (see, Matter of Dondi v. Jones, 40 N.Y.2d 8; Echevarria v. Harrison, 59 A.D.2d 665). Lawrence, J.P., Eiber, Kunzeman and Sullivan, JJ., concur.