In re Estate of Swidow

In a proceeding pursuant to SCFA 2103 to discover property allegedly withheld, from a decedent’s estate, the petitioner appeals from an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated August 19, 2003, which granted that branch of the motion of Fleet Bank which was for the imposition of costs pursuant to 22 NYCRR 130-1.1 (a) against the petitioner.

Ordered that the order is reversed, on the law, with costs payable by Fleet Bank, and that branch of the motion which was for the imposition of costs pursuant to 22 NYCRR 130-1.1 (a) against the petitioner is denied.

The Surrogate’s…