Justice James Pagones
Trustees of the testamentary trust created in decedent Boyer’s will moved for a final judgment awarding them possession of the subject real property. They also sought a warrant of eviction to remove respondent Strickland from possession of the property. Trustees commenced the summary proceeding against Strickland in Town of Hyde Park Justice Court. The court previously determined that the property belonged to the trust, and an eviction hearing was scheduled. Yet, the day before the hearing, Strickland’s counsel advised the justice court and petitioner’s attorney that the property was located in the Town of Clinton. Counsel argued that under the Uniform Justice Court Act §204, the Hyde Park Justice Court lacked subject matter jurisdiction. The subject court noted petitioners made a prima facie showing the issues involved in this proceeding were intertwined with significant issues relating to the administration of the testamentary trust, thus resolving them in the Surrogate’s Court would facilitate, rather than delay, administration. The court found it had jurisdiction, and that Strickland failed to submit competent evidence to raise a factual issue requiring a plenary hearing. Hence, the proposed judgment in favor of petitioners was signed contemporaneously with this decision.
