Legal Opinion

In re the Estate of Serafim

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1988PublishedCited by 2 opinions

1Opinion of the Court

The appellant executrix is not aggrieved by the Surrogate’s exercise of his discretion to reduce the fees of the attorney for the estate (see, CPLR 5511). Moreover, the reduction of the fees was made after both the executrix and the attorney defaulted on the hearing set to determine the reasonableness of their commissions and fees. Therefore, since the order was entered on default, no appeal lies therefrom (see, Lo Cicero v J.F.K. Intl. Airport, 131 AD2d 305). In any event, with regard *351to the merits, we see no abuse of discretion by the Surrogate in his invocation of his rule requiring…

2Cases cited2 opinions

  1. In re the Estate of StalbeNew York Surrogate's Court · 1985
  2. Lo Cicero v. J.F.K. International AirportAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. In re the Estate of SoldAppellate Division of the Supreme Court of the State of New York · 1995
  2. In re the Estate of LenkAppellate Division of the Supreme Court of the State of New York · 1995

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