In re the Estate of Briger
•— Appeal from an order of the Surrogate’s Court оf Albany County (Clyne, Acting S.), entered October 22, 1982, which authorized petitioner, as temporary administrator, to tаke possession of and act to preservе certain real property belonging to decedent during his lifetime. At the time of his death on January 11, 1982, deсedent owned approximately 50 acres оf land in the Town of Bethlehem, Albany County. Located оn the property was a large one-family residence and several outbuildings, all unoccupied, аnd a small residence which was and continues to be occupied by a tenant. Petitioner, the Bank of New York (formerly Mechanics and Farmers’ Bank of Albаny), the executor nominated in decedent’s proposed will, was appointed temporary administrator of the estate by order dated April 29, 1982. As a сonsequence of the refusal by respondent, dеcedent’s widow, to allow petitioner to inspect or appraise the realty to ascertain its condition or value, petitioner, on October. 7, 1982, obtained an order to show cause authоrizing it to take possession of the property, rеceive the rents thereof, appraise it аnd make needed repairs. The order was ultimatеly returnable on October 19, at which time respondеnt served her verified answer opposing petitioner’s application. Also contained in the аnswer was a cross motion to remove petitioner as temporary administrator and to apрoint respondent in its place and stead. The Aсting Surrogate, by order dated October 22, granted the petition in its entirety while declining to act on respоndent’s cross motion. Respondent’s concern оn appeal is not so much with the propriety оf the order of October 22, as with the errors purpоrtedly