Cooper v. Estate of Cooper

Ap*1055peal and cross appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered August 11, 2003. The order confirmed the report and recommendation of a Judicial Hearing Officer and denied plaintiffs application for counsel fees and costs.

It is hereby ordered that said appeal from the order insofar as it confirmed the report and recommendation of the Judicial Hearing Officer he and the same hereby is unanimously dismissed (see CPLR 5501 [a] [1]) and the order is modified on the law by granting the application for counsel fees and costs and as modified the order is affirmed…