In re the Estate of Schwartzenberg

Kupferman, J. P.,

dissents in a memorandum as follows: I would affirm. The Surrogate, in her sound discretion, stayed the arbitration temporarily pending disclosure pursuant to SCPA 2103. The Surrogate had the power to do this (Matter of Piccione, 57 NY2d 278), inasmuch as the affairs of the petitioner’s decedent were involved. HThe majority puts the cart before the horse in directing an arbitration or an accounting prior to a proceeding pursuant to SCPA 2103.