Opinion
11616-11616A File 2450/2019, 2450A/2019
06-04-2020
Administration Proceeding, ESTATE OF SAM ABRAM, Deceased, In re Robert Abram, Petitioner–Appellant, v. Edward A. Abram, et al., Respondents–Respondents, Fanny Lucia Mendez, Respondent.
Markewich and Rosenstock LLP, New York (Lawrence M. Rosenstock of counsel), for appellant. Greenfield Stein & Senior, LLP, New York (Anne C. Bederka of counsel), for respondents.
Markewich and Rosenstock LLP, New York (Lawrence M. Rosenstock of counsel), for appellant.
Greenfield Stein & Senior, LLP, New York (Anne C. Bederka of counsel), for respondents.
Renwick, J.P., Gische, Webber, Oing, Moulton, JJ.
Decree, Surrogate's Court, New York County, (Rita Mella, S.), entered on or about November 1, 2019, denying petitioner's appointment as an administrator of decedent's estate, and granting respondents' cross-petition to be appointed, unanimously affirmed, without costs. Decree (same court and Surrogate), entered on or about December 20, 2019, which, upon granting petitioner's motion to reargue, denied his motion to alter its prior determination to appoint petitioner as the administrator, and denied petitioner's alternative request to be made a joint administrator, unanimously affirmed, without costs.
The Surrogate did not abuse her discretion in not holding an evidentiary hearing on petitioner's allegations that one respondent was unfit to be granted temporary letters under SCPA 707. The scattered allegations, many either irrelevant to operation of the estate's business or separated widely in time, were adequately addressed by the imposition of a bond requirement and acknowledgment of the ultimate right to an accounting (see Matter of Marsh, 179 A.D.2d 578, 578 N.Y.S.2d 911 [1st Dept. 1992] ).
Nor did the Surrogate abuse her discretion in failing to make petitioner a joint administrator. The nature of his allegations as to one of the respondents was sufficient to demonstrate his hostility towards him and the impracticability of the two working closely together (see Matter of Rudin, 15 A.D.3d 199, 200, 789 N.Y.S.2d 123 [1st Dept. 2005], lv denied 4 N.Y.3d 710, 797 N.Y.S.2d 817, 830 N.E.2d 1146 [2005] ).