MATTER OF BARENHOLTZ

The Surrogate had the power to impose the interim relief and acted within her discretion in doing so, since the facts brought to her attention in the petition and affidavits of the beneficiaries included sufficient allegations of both waste and the willful violation of a prior court order (SCPA 711, [3]; 712, 719 [10]). However, we view the time limits imposed by the interim order of this Court dated September 22, 1993 (Sullivan, J.) to be more appropriate and modify accordingly.

Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.