Appellate Division of the Supreme Court of New York, 1956

In re the Estate of Goldman

In re the Estate of Goldman
Appellate Division of the Supreme Court of New York · Decided November 19, 1956
2 A.D.2d 897; 1956 N.Y. App. Div. LEXIS 3806
In re the Estate of Goldman

Opinion of the Court

In a proceeding to fix counsel fees under section 231-a of the Surrogate’s Court Act, the appeal is from an order of the Surrogate’s Court, Queens County, denying appellants’ motion to vacate a decree fixing counsel fees. Order affirmed, with $10 costs and disbursements to respondent Loeb, payable out of the estate. There is no showing that an opening of default would result in any determination other than that originally made in the sound discretion of the Surrogate, nor is there any showing that the default was in any way inadvertent or excusable. Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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