In re the Estate of Vollmar

In a probate proceeding, nonparty J. Arthur Robbins appeals, as limited by his brief, from so much of an order of the Surrogate’s Court, Orange County (Slobod, S.), dated February 9, 2005, as, in effect, sua sponte, directed him to pay an attorney’s fee as a sanction to the attorneys for the petitioner and the guardian ad litem in the total sum of $6,213.

Ordered that on the Court’s own motion, the notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on…