| Matter of Skolinsky |
| 2010 NY Slip Op 00972 [70 AD3d 845] |
| February 9, 2010 |
| Appellate Division, Second Department |
| In the Matter of the Estate of Ronald John Skolinsky, Deceased.Elaine Villafana, Respondent; Maureen L. Barry et al., Appellants, and Friars of the Atonement,Inc., Intervenor-Respondent, et al., Respondent. |
—[*1] Michael Keating, White Plains, N.Y. (Susan R. Nudelman and Bernadette Kenny ofcounsel), for intervenor-respondent.
In a probate proceeding, the objectants Maureen Barry, JoRita DeFrancesco, Daniel P.Flynn, Robert J. Higgins, Patricia M. Hornik, and Adrian Leahy appeal from so much of an orderof the Surrogate's Court, Putnam County (Reitz, S.), dated January 22, 2009, as denied thatbranch of their motion pursuant to SCPA 1404 which was to compel the disclosure of certaindocuments.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs to therespondent and the intervenor- respondent.
Parties are entitled to disclosure of all matter "material and necessary" to prosecution of theaction (CPLR 3101 [a]; see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406[1968]; Trimarco v Data TreasuryCorp., 59 AD3d 615 [2009]). Upon an in camera inspection of the documents at issuehere, consisting of the minutes of the General Council meetings of the intervenor Friars ofAtonement, Inc., from March 16, 1985, through March 15, 1990, the Surrogate's Courtprovidently exercised its discretion in denying that branch of the appellants' motion which was tocompel production of those minutes (see Andon v 302-304 Mott St. Assoc., 94 NY2d740, 745 [2000]; Vyas v Campbell,4 AD3d 417, 418 [2004]).
The appellants' remaining contentions are without merit.
The intervenor's remaining contention has been rendered academic in light of ourdetermination. Rivera, J.P., Dickerson, Chambers and Hall, JJ., concur.