Legal Opinion

Matter of Wasserstein v. McCarthy

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

Decided February 7, 2017No. 3035 3034 3033 3032 3031 3030 3029Published

1Opinion of the Court

Appeals from decrees, Surrogate’s Court, New York County (Nora S. Anderson, S.), entered on or about May 22, 2015, which approved petitioner trustees’ proposed distributions, unanimously dismissed, without costs, as taken from nonappealable decrees.

Respondent failed to file objections to petitioners’ accounts, thereby defaulting in this proceeding (see Matter of E. & H. Goldstein Family Trust, 81 AD3d 728 [2d Dept 2011]). No appeal lies from an order entered upon default (CPLR 5511; see e.g. Matter of Dietz, 29 NY2d 915 [1972]; Goldstein, 81 AD3d at 729).

Concur — Friedman, J.P., Andrias,…

2Cases cited2 opinions

  1. In re E. & H. Goldstein Family TrustAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Estate of DietzNew York Court of Appeals · 1972

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