Surrogate John Ingram
Objectant moved for summary judgment denying letters testamentary to petitioner, and awarding her letters of administration c.t.a. The parties both moved for admission of a 1994 instrument for probate as decedent’s will, and neither party contested the probate of the instrument. Thus, the court, satisfied it met EPTL requirements, granted admission to probate of the subject instrument. Objectant objected to petitioner serving as fiduciary failure to comply with a so-order stipulationt to account, and argued he did not possess qualifications required of a fiduciary. After petitioner failed to file a formal accounting, despite the court extending his time, it revoked preliminary letters testamentary, and appointed the Public Adminsitrator as temporary administrator. The court noted the inordinate delay in completing jurisdiction was not justified by the facts presented, stating even if it accepted petitioner’s excuse for an over four year delay in complying with the court’s order to complete jurisdiction in the probate proceeding, he failed to offer an acceptable excuse for failing to comply with the court’s order to account. As such, petitioner’s neglectful attitude towards, and failure to comply with court orders warranted denial of letters testamentary, granting objectant’s motion.