| Matter of Deans |
| 2009 NY Slip Op 09026 [68 AD3d 768] |
| December 1, 2009 |
| Appellate Division, Second Department |
| In the Matter of Estate of Livingston Mandel Deans, Deceased.Valerie Gray et al., Respondents; Felipe Orner et al., Respondents. Real Spec Ventures, LLC,Nonparty Appellant. |
—[*1] Felipe Orner, Flushing, N.Y., objectant respondent pro se, and for objectant respondentJacklyn Deans. Baker Greenspan & Bernstein, Bellmore, N.Y. (William R. Greenspan of counsel), forobjectant respondent Brandon Deans.
In a proceeding to settle the account of Valerie Gray as the former coadministrator of theestate of Livingston Mandel Deans, nonparty Real Spec Ventures, LLC, appeals from so much ofa decree of the Surrogate's Court, Queens County (Nahman, S.), dated September 30, 2008, asdirected the cancellation of a mortgage which it issued in the amount of $370,000.
Ordered that the decree is modified, on the law, by adding to the fifth decretal paragraphthereof the words "to the extent of any interest held by the Estate of Livingston Mandel Deans"immediately following the words "State of New York"; as so modified, the decree is affirmedinsofar as appealed from, without costs or disbursements.
For the reasons stated in our decision and order on the companion appeal, the Surrogate'sCourt lacked jurisdiction to direct the cancellation of the subject mortgage in its entirety (seeMatter of Deans, 68 AD3d 767 [2009] [decided herewith]). Accordingly, the decree must bemodified to indicate that the cancellation of the subject mortgage does not encompass theinterests of any living persons in the property and is limited to any interest held by the estate ofLivingston Mandel Deans.
In light of the foregoing, the appellant's remaining contention has been rendered academic.Dillon, J.P., Dickerson, Belen and Roman, JJ., concur.