In re Markowitz

In a proceeding, inter alia, to impose a surcharge on the deceased conservator/trustee of the Randi Markowitz Supplemental Needs Trust, the surety National Union Fire Insurance Company of Pittsburgh, Pa., appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated February 16, 2005, which granted the petition directed it to pay the surcharge in the event of a default by the estate of the deceased conservator/trustee.

Ordered that the order is modified, on the law, by deleting the final decretal paragraph thereof; as so modified, the order is affirmed, without costs or…