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Surrogate's Court, Sullivan County, October 11, 2006
APPEARANCES OF COUNSEL
Gerstman & Kelson, Monticello (Zachary Kelson of counsel), for petitioner. Kalter, Kaplan & Zeiger, Woodbourne (Ivan Kalter of counsel), for respondent.
OPINION OF THE COURT
Frank J. LaBuda, J.
This matter comes on by motion of petitioner following the suspension of a hearing pursuant to SCPA 1404 held at the law office of respondent's attorney by agreement of the parties.
Petitioner requests three substantive orders related to the examination of witnesses before resuming the hearing: (1) to continue the SCPA 1404 hearing at the Sullivan County Courthouse under the supervision of the Surrogate or other designee pursuant to SCPA 2609 (3) (a); (2) permission to question witnesses regarding events prior to the three-year period before the date the propounded instrument was executed, pursuant to 22 NYCRR 207.27, because "special circumstances" exist that warrant an exception; (3) that Mr. Joseph Pond, a witness and the attorney who drafted the decedent's last three wills, fully produce all of his [*2]files relating to the three wills, the last of which is the propounded will, including files dated prior to the three-year period from the date the propounded instrument was executed.
Respondent submits an affirmation in opposition. Petitioner submits a reply. Respondent submits a surreply.
Respondent agrees with petitioner's first request. Accordingly, petitioner's first request, to have the SCPA 1404 examination continued at the courthouse under the supervision of the Surrogate or designee, is granted on consent.
Respondent objects to the second and third requests because petitioner has neither asserted nor put forth any evidence of "special circumstances" to warrant an exception to Uniform Rules for Surrogate's Court (22 NYCRR)

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