Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. Cerrone

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that some matters “indirectly related to the probate of a will or the administration of an estate” fall within the probate exception (emphasis in original)
• stating that because “few practitioners would be so misdirected as to seek ... letters testamentary or letters of administration from a federal judge, the first prong of the probate exception is rarely, if ever, violated”
• stating claim that “the decedent’s estate should pass to [plaintiff] by intestacy” would be “‘purely probate’ in character” and require dismissal of complaint under probate exception
• “[T]he incidental powers of the Surrogate’s Court include ‘all of the powers that the supreme court would have in like actions and proceedings.’”
• where subject matter jurisdiction is challenged, the court is “free to consider materials extrinsic to the complaint”
• “[T]he Supreme Court ordinarily refrains from exercising the concurrent jurisdiction where all the relief requested may be obtained in the Surro ■gate’s Court where the matter is pending.” (quotation marks and citations omitted)

Source: CourtListener parenthetical corpus (CC0).