Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 20, 2026

2025-05053

Hector D. Lasalle, P.J.

Mark C. Dillon

Colleen D. Duffy

Betsy Barros

Francesca E. Connolly, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a decree of the Surrogate's Court, Suffolk County, dated December 10, 2019. The appellant has brought into question the constitutionality of New York's Surrogate's Court Procedure Act § 17-a, notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before June 3, 2026, the appellant shall serve copies of the appellant's brief, and the respondent's brief, and this decision and order on motion upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and shall file proof of service through the digital portal on this Court's website; and it is further,

ORDERED that on or before June 22, 2026, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) serve and file a brief in support of the constitutionality of Surrogate's Court Procedure Act § 17-a through the digital portal on this Court's website; and it is further,

ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent may each serve and file a brief in response, through the digital portal on this Court's website, within two weeks after service upon them of the Attorney General's brief, if so advised.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court