In re the Estate of Marceca

Decree, Surrogate’s Court, New York County (Kristin Booth Glen, S.), entered March 2, 2006, in a special proceeding by an estate to recover compensation it paid to appellant, confirming the report of Ira Gammerman, J.H.O., and awarding the estate $1,163,680.65, plus interest, unanimously affirmed, with costs. Appeals from decision, same court (Eve Preminger, S.), entered January 3, 2006, and from the transcript of the decree, entered April 18, 2006, unanimously dismissed, without costs, as subsumed in the appeal from the decree.

The J.H.O.’s findings that appellant was a faithless servant, and…