Appellate Division of the Supreme Court of New York, 1997

In re the Estate of Stanley

In re the Estate of Stanley
Appellate Division of the Supreme Court of New York · Decided November 20, 1997
244 A.D.2d 263; 665 N.Y.S.2d 840; 1997 N.Y. App. Div. LEXIS 11706
In re the Estate of Stanley

Opinion of the Court

—Order, Surrogate’s Court, New York County (Renee Roth, S.), entered September 23, 1996, which refused to entertain appellant’s application pursuant to SCPA 2111 for advance payment of compensation for legal services rendered as an attorney-fiduciary, and advised that no such applications would be entertained in the future, unanimously affirmed, without costs.

The Surrogate properly exercised her discretion in refusing to entertain appellant’s application for interim fees, and directing that any further application for fees be made on notice pursuant SCPA 2110, in view of the pendency of a contested accounting proceeding that would likely result in a better understanding of the value of both the estate and appellant’s services (see, SCPA 2101 [1] [b]). Concur—Sullivan, J. P., Williams, Mazzarelli, Andrias and Colabella, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.