IN RE: Oswald Jordan

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Oswald Jordan, deceased.  Victor Jordan, appellant;  Lenna Susannah Jordan, respondent.  (File No. 3785/10) Victor Jordan, Brooklyn, N.Y., appellant

2011–01346

Decided: November 29, 2011

REINALDO E. RIVERA, J.P. JOHN M. LEVENTHAL ARIEL E. BELEN SHERI S. ROMAN, JJ. pro se. Mark E. Feinberg, Brooklyn, N.Y., for respondent.

Argued—November 7, 2011

DECISION & ORDER

In a proceeding pursuant to SCPA 1001 to obtain letters of administration for the estate of Oswald Jordan, Victor Jordan appeals from a decree of the Surrogate's Court, Kings County (Lopez Torres, S.), dated January 20, 2011, which, upon an order of the same court dated December 30, 2010, denying his petition for the issuance of letters of administration and granting the cross petition of Lenna Susannah Jordan for the issuance of permanent letters of administration to her and to revoke temporary letters of administration previously issued to Victor Jordan, inter alia, decreed that letters of administration be issued to Lenna Susannah Jordan.

ORDERED that the decree is affirmed, with costs payable by the appellant personally.

SCPA 1001, which sets forth the priority for the issuance of letters of administration, unequivocally provides that the surviving spouse has priority over all other distributees of the intestate (see SCPA 1001[1][a] ).   Accordingly, the Surrogate's Court properly denied the appellant's petition for the issuance of letters of administration and granted the cross petition of Lenna Susannah Jordan for the issuance of permanent letters of administration to her, as the surviving spouse, and to revoke temporary letters of administration previously issued to the appellant (see Matter of Morris, 69 AD3d 635, 636).

The appellant's remaining contentions are without merit (see SCPA 711, 719, 1001[1][a] ).

RIVERA, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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