Surrogate Robert Gigante
In this contested action seeking to admit a will to probate, decedent’s surviving children moved for summary judgment dismissing objections filed by decedent’s grandchildren. Proponents also applied to the court for punishment of objectants and/or their attorneys for their contempt of court in refusing to pay $2,000 to proponents’ attorneys as ordered by the court. The court denied the motion for summary judgment as premature. Objectants claimed they should not be obligated to pay the $2,000 as there was no note of entry filed on the order, thus they were not in contempt. The court disagreed noting objectants pointed to CPLR provisions without first looking at the Surrogate’s Court Procedure Act or any Surrogate governing statutes which must be the primary starting point in any papers submitted to the court. It ruled the Surrogate’s Court is self-containing and self-sufficient, thus there was no need for a county clerk to enter orders, and no need for a note of entry as the order was self-entering. The court opined the efficiency of the court should not be a windfall in permitting one party to argue against a court’s order one year later, and would not reward a party failing to act in a timely fashion. Thus, it found objectants in contempt.
