Surrogate Erred in Appointing Temporary Administrator

In Matter of Lurie, __ A.D.3d __, __ N.Y.S.2d __, 2009 NY Slip Op 00446 (1st Dep't 2009), The First Department reversed the Surrogate's appointment of a corporate fiduciary as Temporary Administrator of the Estate of Boris Lurie over the executor nominated in the will, holding that since the 'Petitioner was a nominated executor, and as such his petition should have been granted 'unless there are serious and bona fide allegations of misconduct or wrongdoing.'" The Court found that record does not establish that petitioner is unfit by reason of "want of understanding" (see SCPA 707[1][e]), that there was no particular reason to doubt his qualifications, or the qualifications of those he would employ to assist him in the task of uncovering and handling the decedent's oversees assets and the existence or identity of distributees, any more than there is reason to doubt the qualifications of the corporate fiduciary's employees who will be assigned those tasks and that The asserted business relationship between petitioner and the decedent does not constitute such a conflict as could disqualify him as nominated executor.