In re the Estate of Golding

OPINION OF THE COURT

Renee R. Roth, S.

This is an application for advance payment of commissions pursuant to SCPA 2311.

In relevant part this section provides: "At any time during the administration of an estate and irrespective of the pendency of a particular proceeding, a fiduciary may present to the court from which his letters issued a petition praying that he be permitted to receive a sum on account of commissions to which he would be entitled if he were then filing his account and it were judicially settled” (SCPA 2311 [1]).

At issue in this proceeding is whether the statute applies to this…