Opinion · Nylaw New York

MATTER OF SKERENCAK, 241 App. Div. 767 (1934)

In the Matter of Application for Letters of Admin. of the Goods,Chattels & Credits of ANDREW D. SKERENCAK, Deceased.MARY CONKLIN, Appellant; ANNA SKERENCAK, as Adm’r, Adm’x, etc.,Respondent., 241 A.D. 767 (Appellate Division of the Supreme Court of New York, Second Department. 1934)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1934-01-01
Topic
general

MATTER OF SKERENCAK, 241 App. Div. 767 (1934) In the Matter of the Application for Letters of Administration of the Goods,Chattels and Credits of ANDREW D. SKERENCAK, Deceased.MARY CONKLIN, Appellant; ANNA SKERENCAK, as Administratrix, etc.,Respondent.Appellate Division of the Supreme Court of New York, Second Department. March, 1934. Decree of the Surrogate's Court of Westchester county, granting letters of administration to Anna Skerencak, reversed on the law and the facts, with costs to appellant, payable out of the estate, the appointment revoked, and the matter remitted as hereinafter stated.

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MATTER OF SKERENCAK,241 App. Div. 767(1934)
In the Matter of the Application for Letters of Administration of the Goods,
Chattels and Credits of ANDREW D. SKERENCAK, Deceased.
MARY CONKLIN, Appellant; ANNA SKERENCAK, as Administratrix, etc.,
Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
March, 1934.
Decree of the Surrogate's Court of Westchester county, granting letters of administration to Anna Skerencak, reversed on the law and the facts, with costs to appellant, payable out of the estate, the appointment revoked, and the matter remitted as hereinafter stated. Appeal from order dated June 2, 1933, and from the two orders dated November 24, 1933, dismissed. On the record before this court, the Surrogate's Court, on the petition of Joseph Skerencak for his appointment as administrator and on the objection of Mary Conklin, the appellant, refused to appoint him and appointed appellant as administratrix; but no decree to that effect was entered and she did not qualify, claiming that, because the decedent was a resident of New York county at the time of his death, the surrogate did not have jurisdiction. The surrogate on his own motion thereupon revoked the appointment of appellant and issued letters of administration to Anna Skerencak, the respondent, against the objection of appellant and without taking proof to ascertain where jurisdiction lay. The matter will be remitted to the Surrogate's Court to take proof on the question of jurisdiction and for disposition accordingly. Lazansky, P.J., Hagarty, Carswell and Scudder, JJ., concur; Kapper, J., not voting.

Petition of THE STATE DEPARTMENT OF PUBLIC WORKS, under Section91, Railroad Law, for an Order Determining That a Change Shall Be Made in the Existing Structure (Highway Bridge) Carrying the Haverstraw-West Haverstraw State Highway No. 5389 over the Railroad of the New Jersey and New York Railroad Company in the Incorporated Village of West Haverstraw,Page 768Rockland County. NEW JERSEY AND NEW YORK RAILROAD COMPANY, Appellant. THE STATE DEPARTMENT OF PUBLIC WORKS, and Others, Respondents.

Determinations of the Public Service Commission unanimously affirmed, with costs. No opinion.
Present — Lazansky, P.J., Young, Kapper, Tompkins and Davis, JJ.