In re the Estate of Greenidge

In a probate proceeding, the preliminary executor appeals from an order of the Surrogate’s Court, Queens County (Laurino, S.), dated October 14, 1986, which denied his application for an extension of preliminary letters testamentary until counsel fees in the amount of $15,000, plus interest were repaid to the estate.

*593Ordered that the order is affirmed, with one bill of costs payable by the appellant personally.

Pursuant to SCPA 2110, the Surrogate was empowered to order a return of the counsel fees previously paid out without prior court approval. SCPA 2110 (3) provides that in the event that…