Fitzgerald v. Wells

Appeal from an order of the Supreme Court, Schenectady County which denied an application under article 78 of the Civil Practice Act for an order in the nature of a writ of prohibition. The respondent Harold Smith, as administrator, c. t. a., of the estate of one Mary Wert, instituted a proceeding before the respondent Surrogate Wells to have the appellant’s fee for services to the estate as an attorney fixed. The appellant’s fee had previously been paid without dispute but thereafter Surrogate Wells informed Smith that he considered the fee excessive. The appellant appeared specially and…