MATTER OF LYNCH

ORDERED that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

The petitioner received proper notice of the proceeding before the Probate Court of the Commonwealth of Massachusetts concerning the decedent's estate. Furthermore, the decedent's 1995 will was admitted to probate in Massachusetts. Therefore, the Surrogate's Court providently exercised its discretion by giving full faith and credit to the Massachusetts probate decree and in granting that branch of the motion which was to dismiss the petition for lack of jurisdiction (see, Matter of Brown, 120 Misc.2d 799, 80 4; Matter of Emmons, 93 Misc.2d 615; see generally, Matter of Acheson, 28 N.Y.2d 155, 162, cert denied 404 U.S. 826).

In light of our determination, we need not reach the petitioner's remaining contentions.