Appellate Division of the Supreme Court of New York, 1996

In re Tilton

In re Tilton
Appellate Division of the Supreme Court of New York · Decided September 30, 1996
231 A.D.2d 731; 647 N.Y.S.2d 979; 1996 N.Y. App. Div. LEXIS 9639
In re Tilton

Opinion of the Court

In a proceeding for an accounting, the executors of the estate of Bartholomew H. Turecamo appeal from (1) a decision of the Surrogate’s Court, Suffolk County (Signorelli, S.), dated August 8, 1989, which appointed Joshua M. Pruzansky as guardian ad litem of Marie T. Robshaw, and (2) an order of the same court, dated May 31, 1991, which, inter alia, surcharged the estate of the deceased trustee in the amount of $131,249.59.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The contentions raised by the appellants are either improperly raised for the first time on appeal or are based upon documents which are dehors the record (see, Block v Magee, 146 AD2d 730). Bracken, J. P., Rosenblatt, Altman and Luciano, JJ., concur.

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