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In the Matter of LAWRENCE J. GOLDRICH et al., Appellants, v. CENTRAL TRUST COMPANY et al., Respondents, and SAUL I. BIRNBAUM, Appellant.

Ordered that the order is affirmed, with one bill of costs payable by the petitioners-appellants and the respondent-appellant appearing separately and filing separate briefs.

Since the application for arbitration involved the property of a decedent's estate, the Supreme Court correctly transferred the proceeding to the Surrogate's Court (see, Nichols v. Kruger, 113 A.D.2d 878; Peekskill Community Hosp. v. Sayres, 88 A.D.2d 657; Hollander v. Hollander, 42 A.D.2d 701). In addition, the application for arbitration involved questions previously considered in a pending proceeding in the Surrogate's Court and it was thus appropriate for the Supreme Court to decline to review them (see, Matter of Dondi v. Jones, 40 N.Y.2d 8; Echevarria v. Harrison, 59 A.D.2d 665). Lawrence, J.P., Eiber, Kunzeman and Sullivan, JJ., concur.

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MATTER OF GOLDRICH v. CENTRAL TRUST COMPANY
(Mar 9, 1987)