- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 25 2013 (Date Decided)
- Rivera, J.P.; Chambers, Román and Cohen, JJ.
MATTER OF GEORGE HERSH, DECEASED. ESTHER RACHEL HERSH, ETC., res; MARK HERSH, ap — (FILE NO. 4035/07)In a probate proceeding in which Esther Rachel Hersh, as executor and cotrustee of the estate of George Hersh, petitioned, inter alia, pursuant to SCPA 711 to remove Mark Hersh as a cotrustee of the George Hersh Credit Shelter Trust, Mark Hersh appeals from so much of an order of the Surrogate's Court, Queens County (Kelly, S.), dated June 15, 2011, as denied those branches of his motion which were to dismiss the petition on the grounds that the Surrogate's Court lacks subject matter jurisdiction over the claims alleged in the petition, and in the interest of judicial economy, or to transfer the petition to the Supreme Court in the interest of judicial economy.