Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: The order appealed from grants a motion of the administrator of the estate of Nicholas Capozzi to dismiss the complaint of Mary Capozzi and Nicola Michael Capozzi. The motion was made on the grounds that the complaint does not state a cause of action; that the court has no jurisdiction of the causes of action or of the parties; or in the alternative the court was -requested to decline to enter-tain jurisdiction of the causes of action. Special Term dismissed the complaints and directed “that the claims of the defendants [sic] against the estate * 6 6 be remitted to $- « e Surrogate’s Court for such action as provided under the provisions of the Surrogate Court Act.” As indicated above, there was undoubtedly a typographical error, because the so-called claims were those of the plaintiffs and not of the defendant. The plaintiffs are the alleged widow and son of the decedent. They filed papers in Surrogate’s Court asserting that they were entitled to intestate shares of the estate. These papers requested that Mary Capozzi be recognized as the widow entitled to an intestate share; that the letters of administration theretofore granted to one Philip Capozzi be set aside and revoked; that said Philip Capozzi render an accounting; that letters of administration be issued to petitioner and that there be a stay of further proceedings. The pleading of Nicola Michael Capozzi, which alleged that he was the son of the decedent seeking his distributive share, requested the same type of relief.
