DECISION ORDER
ORDERED that the decree is affirmed insofar as appealed from, with costs payable by the appellants, and the petitioner's second amended petition is deemed amended to include a claim for proceeds from the outsourcing of the business of National Pension Service, Inc., and National Pension Actuaries, Inc., which was used to repay debt incurred by them prior to December 31, 2001.
The appellants challenge the jurisdiction of the Surrogate's Court over this proceeding. "[F]or the Surrogate's Court to decline jurisdiction, it should be abundantly clear that the matter in controversy in no way affects the affairs of a decedent or the administration of his estate" ( Matter of Piccione, 57 N.Y.2d 278, 288; Matter of Young, 80 Misc.2d 937, 939). Since the focus of the litigation is the valuation of the subject business entities and whether the estate is entitled to any part thereof, the Surrogate's Court has jurisdiction over the dispute ( see Ruiz v. Ruiz, 262 A.D.2d 392; H G Operating Corp. v. Linden, 151 A.D.2d 898).
A determination rendered after a nonjury trial should not be disturbed on appeal unless it is clear that the court's conclusion could not have been reached under any fair interpretation of the evidence ( see Belloff v. Wayco Agencies, 280 A.D.2d 503; Alleva v. Alleva Dairy, 129 A.D.2d 663). Here, the evidence presented at trial established that the appellant Andrew A. Hyman breached his fiduciary duty to the Denton-Hyman Agency, Inc., National Pension Service, Inc., and National Pension Actuaries, Inc. Accordingly, we discern no basis in the record to disturb the Surrogate's Court's credibility determination.
Although the petitioner did not include in his second amended petition a claim for proceeds from the outsourcing of the business of National Pension Service, Inc., and National Pension Actuaries, Inc., which was used to repay debt incurred by them prior to December 31, 2001, the issue was litigated in the Surrogate's Court. Pursuant to CPLR 3025(c), pleadings may be conformed to the proof at any time upon such terms as may be just ( see Thailer v. LaRocca, 174 A.D.2d 731). This court may, sua sponte, relieve a petitioner of the failure to amend a pleading by deeming it amended to conform to the evidence presented at trial where, as here, it would not result in prejudice to the opposing party ( see Cave v. Kollar, 2 A.D.3d 386; Thailer v. LaRocca, supra). Accordingly, the second amended petition is deemed amended to include the claim for proceeds from the outsourcing of the business of National Pension Service, Inc., and National Pension Actuaries, Inc., which was used to repay debt incurred by them prior to December 31, 2001.
The appellants' remaining contentions are without merit.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.