In re the Estate of Kaplan

In a proceeding pursuant to SCPA 2110 to fix and determine counsel fees, the appeal is from a decree of the Surrogate’s Court, Kings County (Bloom, S.), dated December 24, 1991, which, after a hearing, directed Rachel Kaplan to pay counsel fees in the amount of $4,061 to the petitioners.

Ordered that the decree is affirmed, with costs payable by the appellant personally.

Contrary to the appellant’s contention, we agree with the Surrogate’s Court that she waived the defense of lack of personal jurisdiction. Although the jurisdictional defense initially was asserted in the appellant’s answer, the…