In re the Estate of Dix

Foley, S.

This is an application by notice of motion for an order fixing the reasonable fees of the attorney who formerly represented the administrator, and for the substitution of a new attorney for the estate. There is no pending proceeding in this court in which it would be permissible to effect the substitution. The petitioner is evidently unaware that in the absence of a pending proceeding he is not obliged to ask for a substitution of attorneys, but may discharge his attorney at any time. The proceeding to fix attorney’s fees should not have been commenced by a notice of motion to the…