In re Babakhanian

4 Citing cases

  1. Johnson v. Ferincz (In re Kusnyer)

    194 A.D.3d 1442 (N.Y. App. Div. 2021)

    "The proceeding for production of a will is an independent special proceeding and has no relation to any other proceeding. It determines no rights but only directs the production and filing of a will" (26 Carmody-Wait 2d § 152.31 at 279-280; see alsoMatter of Johnson , 253 App. Div. 698, 700, 3 N.Y.S.2d 837 [2d Dept. 1938] ; Matter of Babakhanian , 21 Misc 3d 1106[A], 873 N.Y.S.2d 231, 2008 N.Y. Slip Op. 51982[U], *2 [Sur. Ct., Nassau County 2008]). We conclude that the Surrogate properly exercised her discreti on and dismissed the petition (see generally SCPA 1401 ; Matter of Dessauer , 96 A.D.3d 1560, 1561, 946 N.Y.S.2d 760 [4th Dept. 2012] ).

  2. Kusnyer v. Ferincz

    2021 N.Y. Slip Op. 2950 (N.Y. App. Div. 2021)

    "The proceeding for production of a will is an independent special proceeding and has no relation to any other proceeding. It determines no rights but only directs the production and filing of a will" (26 Carmody-Wait 2d § 152.31 at 279-280; see also Matter of Johnson, 253 App Div 698, 700 [2d Dept 1938]; Matter of Babakhanian, 21 Misc 3d 1106[A], 2008 NY Slip Op 51982[U], *2 [Sur Ct, Nassau County 2008]). We conclude that the Surrogate properly exercised her discretion and dismissed the petition (see generally SCPA 1401; Matter of Dessauer, 96 AD3d 1560, 1561 [4th Dept 2012]).

  3. In re Petition to Compel Prod. Slavin

    2016 N.Y. Slip Op. 30151 (N.Y. Surr. Ct. 2016)

    A proceeding to compel the production of a will is independent and has no relation to any other proceeding and determines no right (Matter of Hardy, 216 NY 132 [1915]; Matter of Johnson, 253 App Div 698, 700 [2d Dept 1938]). The purpose of the proceeding is to afford an opportunity to an interested party to inquire about the existence of testamentary instruments and to direct the production of such instruments (2-32 Warren's Heaton § 32.04[2]; Matter of Lupton, 26 Misc 2d 827; see also Matter of Babakhanian, 21 Misc 3d 1106[A] [Sur Ct Nassau County 2008]). Having found compliance with statutory requirements, the court need not reach respondent's argument that the application was brought in bad faith.

  4. In re Will of Slavin

    2016 N.Y. Slip Op. 30023 (N.Y. Surr. Ct. 2016)

    A proceeding to compel the production of a will is independent and has no relation to any other proceeding and determines no right (Matter of Hardy, 216 NY 132 [1915]; Matter of Johnson, 253 App Div 698, 700 [2d Dept 1938]). The purpose of the proceeding is to afford an opportunity to an interested party to inquire about the existence of testamentary instruments and to direct the production of such instruments (2-32 Warren's Heaton § 32.04[2]; Matter of Lupton, 26 Misc 2d 827; see also Matter of Babakhanian, 21 Misc 3d 1106[A] [Sur Ct, Nassau County 2008]). Having found compliance with statutory requirements, the court need not reach respondent's argument that the application was brought in bad faith.