Opinion
2014-06-10
In re Renata FORTI, Deceased. Micol Mion–Gordon, Petitioner–Respondent, v. Susetta Mion, Respondent–Appellant.
Havkins Rosenfld Ritzert & Varriale, LLP, New York (Abraham E. Havkins of counsel), for appellant. McCarter & English, LLP, New York (Gerard G. Brew of counsel), for respondent.
Havkins Rosenfld Ritzert & Varriale, LLP, New York (Abraham E. Havkins of counsel), for appellant. McCarter & English, LLP, New York (Gerard G. Brew of counsel), for respondent.
Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered on or about February 7, 2013, which, to the extent appealed from, granted petitioner's petition for letters of administration, unanimously affirmed, without costs.
The court had jurisdiction pursuant to SCPA 206(1) and properly granted letters of administration to petitioner, pursuant to SCPA 2103, given the evidence that property of the nondomiciliary decedent may have been left in New York; see Matter of Obregon, 230 A.D.2d 47, 52, 662 N.Y.S.2d 750 [1st Dept.1997], affd. 91 N.Y.2d 591, 673 N.Y.S.2d 972, 696 N.E.2d 984 [1998] ). This is so, even if the property was brought and left here by someone other than decedent and without decedent's consent, so long as the property was not brought here through fraud and collusion merely for the purpose of establishing jurisdiction ( see Matter of De Camillis, 66 Misc.2d 882, 893, 322 N.Y.S.2d 551 [Sur.Ct., N.Y. County 1971], affd.38 A.D.2d 687, 327 N.Y.S.2d 554 [1971] ). Therefore, the court providently exercised its discretion in granting the petition, as there was no evidence of forum shopping or bad faith by petitioner ( see Matter of Nevai, 7 Misc.3d 188, 190, 788 N.Y.S.2d 843 [Sur.Ct., Westchester County 2005], affd.28 A.D.3d 561, 812 N.Y.S.2d 363 [2d Dept.2006] ).
We have considered respondent's remaining arguments and find them unavailing. FRIEDMAN, J.P., DeGRASSE, FREEDMAN, KAPNICK, JJ., concur.