In Sirota v. Sirota, 164 Misc.2d 966 (Civ. Court, Kings Co. 1995) the petitioner sought to evict his and his deceased wife's two, adult, biological children. Citing Rosenstiel v. Rosenstiel, 20 A.D.2d 71 (First Dept. 1963), and alluding to an implied privilege derived from the use of the marital residence, as well as an issue of fraud that had been raised by the respondents, the court transferred the case to the Supreme Court, which had jurisdiction to determine all issues "in one fell swoop." (Id. at 968.)