The People of the State of New York, Plaintiff v. Edward C. Dethloff, Respondent, and Samuel Sapowitch, Appellant

Summary

The New York Court of Appeals held that the Surrogate's Court Act does not permit a surrogate whose term ends before a vacancy to make a prospective appointment of a public administrator. The Court reversed the Appellate Division's judgment and entered judgment for the appellant Sapowitch, finding the earlier appointment of Dethloff invalid. The decision rested on a plain‑meaning construction of the statute and adherence to established common‑law rules on anticipatory appointments.