Opinion
November 4, 1938.
Present — Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ.
Decree of the Surrogate's Court, Suffolk county, granting letters of administration to the petitioner, unanimously affirmed, without costs. As between the petitioner and the county treasurer, the appointment of an administrator is discretionary with the surrogate. (Surr. Ct. Act, § 118.) There appears to have been no abuse of discretion herein.