Opinion
14525, 1785/12
03-17-2015
In re Truong Tran, etc., Deceased. Sang Kim Nguyen, Petitioner–Respondent, v. Margaret Tran, Objectant-Appellant.
Marc Bogatin, New York, for appellant. Kelley Drye & Warren LLP, New York (Alison L. MacGregor of counsel), for respondent.
Marc Bogatin, New York, for appellant.
Kelley Drye & Warren LLP, New York (Alison L. MacGregor of counsel), for respondent.
Opinion
Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered May 22, 2014, which denied objectant Margaret Tran's motion for summary judgment dismissing the petition, unanimously affirmed, without costs.
Surrogate's Court has broad discretionary authority to exercise its equity jurisdiction in fulfilling its responsibilities relating to the affairs of decedents, the probate of wills, and the administration of estates (see N.Y. Const., art. VI, § 12 [e]; Matter of Stortecky v. Mazzone, 85 N.Y.2d 518, 523, 626 N.Y.S.2d 733, 650 N.E.2d 391 [1995] ; Matter of Tarka, 41 A.D.3d 345, 837 N.Y.S.2d 571 [1st Dept.2007] ).
The court did not improvidently exercise its discretion in permitting petitioner to present evidence supporting her claim that she was decedent's surviving spouse, despite statements in her tax returns that she was “single,” in that marital status is a mixed question of law and fact (see Glenbriar Co. v. Lipsman, 11 A.D.3d 352, 353, 783 N.Y.S.2d 546 [1st Dept.2004], affd. 5 N.Y.3d 388, 804 N.Y.S.2d 719, 838 N.E.2d 635 [2005] ; Village Dev. Assoc. v. Walker, 282 A.D.2d 369, 723 N.Y.S.2d 649 [1st Dept.2001] ).
SWEENY, J.P., RENWICK, SAXE, MANZANET–DANIELS, GISCHE, JJ., concur.