In re the Estate of Butta

OPINION OF THE COURT

Lee L. Holzman, J.

The question of first impression presented in this ex parte application for an advance payment of commissions pursuant to SCPA 2311 is whether the executor, without the consent to *690the payment by all persons whose interests would be affected, is entitled to an advance payment equal to 5% of the gross rentals he has collected (SCPA 2307 [6]) in addition to an advance payment equal to a statutory receiving commission under SCPA 2307 (1). The court holds that the petitioner is limited under SCPA 2311 (3) to an advance payment in the sum of $57,850.45, an…