In re the Estate of Dertinger

Petitioners’ motion to strike the respondent’s affirmative defense of lack of jurisdiction is granted. Respondent, Yolanda Safuto, accepted a check for $3.20 which was tendered as compensation for her traveling expenses and witness’ fee as required by CPLR 2303. The *790witness returned the check with a letter dated 10 days later and questioned jurisdiction on the grounds that the fee was tendered in an insufficient form.

Under the circumstances of this case the witness fees were properly paid by check. Although there is some authority for the proposition that the offer of a check is not proper…