In re the Intermediate Accounting of Friedman

John D. Bennett, S.

In this accounting proceeding the executor moves to modify or vacate a notice to examine him, pursuant *662to section 288 et seq. of the Civil Practice Act and section 263 of the Surrogate’s Court Act.

The executor contends that an examination pursuant to section 263 is improper since objections have already been filed. However, examinations of accountants under section 263 have been allowed, both prior and subsequent to the filing of objections (Matter of Walzer, 8 A D 2d 971). Since there are distinctions between examinations pursuant to section 288 and to section 263 (Matter…