Opinion
March 29, 2001.
Order, Surrogate's Court, Bronx County (Lee Holzman, S.), entered March 3, 2000, which denied petitioner's application to vacate a prior decree appointing co-guardians of the subject infant's estate, unanimously affirmed, without costs.
Herman Schmertz, for respondents-respondents.
Brian J. Isaac, for petitioner-appellant.
Before: Sullivan, P.J., Tom, Mazzarelli, Ellerin, Friedman, JJ.
The application was properly denied on the ground that petitioner, whose only connection to the subject infant's estate is as the defendant in a personal injury action brought by the estate, is not a creditor of or person interested in the estate with standing to seek revocation of the co-guardians' letters (SCPA 711; see, Matter of Menis, 137 A.D.2d 692). We have considered petitioner's other arguments, including that the
Surrogate should have revoked the co-guardians' letters sua sponte pursuant to SCPA 719(10), and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.