In Matter of Betlem (300 AD2d 1026 [4th Dept 2002]) petitioner had assigned 40% of his interest in his father's estate to respondent. Respondent had moved to dismiss the proceeding that was pending before the Surrogate because there was a forum selection clause in the parties' assignment providing exclusive venue in Florida. In affirming the Surrogate's denial of respondent's motion to dismiss, the Appellate Division, Fourth Department found the forum selection clause unenforceable since EPTL 13-2.3 "subjects to the scrutiny of a surrogate's court every assignment of an interest in the estate of a New York domiciliary" (id. at 1026-1027). The Fourth Department explained that the statute was enacted to protect out-of-state beneficiaries of New York estates from those who seek an assignment of a portion of the inheritance based on services provided that are of little or no value and "embodies a strong public policy to ensure that a New York court has subject matter jurisdiction over the assignment of an interest in an estate of a New York domiciliary" (id.).