Opinion
No. 2013–1009 S C.
12-23-2014
Charles G. FLENDER and J.P. Morgan Chase Bank, N.A. as Co–Executors of the Estate of Norma F. Flender, Respondents, v. Sylvia S. FLENDER, Appellant.
Opinion
Appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County (Catherine A. Cahill, J.), entered May 16, 2013. The order denied occupant's motion, in effect, to vacate a stipulation of settlement and the final judgment entered pursuant thereto, in a licensee summary proceeding.
ORDERED that the order is reversed, without costs, occupant's motion, in effect, to vacate the stipulation of settlement and the final judgment entered pursuant thereto is granted, and the matter is remitted to the Justice Court for the entry of a final judgment dismissing the petition without prejudice.
In this summary proceeding by the co-executors of the estate of Norma F. Flender, one of whom is the son of the decedent, to recover possession of estate property on the ground that the license of occupant, the daughter of the decedent, to occupy the property had been terminated (see RPAPL 713[7] ), occupant moved, in effect, to vacate a stipulation of settlement in which she had consented to the entry of a final judgment and had been given 15 days to vacate. In support of her motion, occupant showed, among other things, that she had a right under the decedent's will to purchase the subject property and that her brother, petitioner Charles G. Flender, had frustrated that right by failing to disburse her share of the estate to her. On this appeal from an order of the Justice Court which denied her motion, occupant contends, among other things, that this summary proceeding properly belonged in Surrogate's Court.
We agree that the proper forum for this summary proceeding is the Surrogate's Court, as the issues herein are closely intertwined with the affairs of the decedent and the administration of the decedent's estate (see Matter of Piccione, 57 N.Y.2d 290 [1982]; Dobric v. Park Len N. Owner, Inc., 27 Misc.3d 126[A], 2010 N.Y. Slip Op 50531[U] [App Term, 2d, 11th & 13th Jud Dists 2010] ). Accordingly, the order is reversed, occupant's motion, in effect, to vacate the stipulation of settlement and the final judgment entered pursuant thereto is granted, and, upon a review of the papers (see CPLR 409[b] ), the matter is remitted to the Justice Court for the entry of a final judgment dismissing the petition without prejudice.
IANNACCI, J.P., MARANO and GARGUILO, JJ., concur.