In re the Accounting of Tymann

Appellate Division of the Supreme Court of New York

In re the Accounting of Tymann

13 A.D.2d 697, 213 N.Y.S.2d 931, 1961 N.Y. App. Div. LEXIS 11420

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 17, 1961

StatusPublished

This text of 13 A.D.2d 697 (In re the Accounting of Tymann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Tymann, 13 A.D.2d 697, 213 N.Y.S.2d 931, 1961 N.Y. App. Div. LEXIS 11420 (N.Y. Ct. App. 1961).

Pincite

Opinion

In a proceeding to settle the account of the administratrix, her attorney individually appeals from an order of the Surrogate’s Court, Nassau County, dated June 20, 1960, which directed the administratrix to pay certain claims (arising out of an ineompetency proceeding) prior to the payment of said attorney’s fees for services rendered in the- administration of the estate and prior to the payment of commissions to the administratrix. Appeal dismissed, without costs. By the Surrogate’s decision of August 12, 1960, and his order of September 13, 1960, the attorney for the administratrix was made a party to this proceeding for the purpose of an appeal. It appears, however, that the notice of appeal herein was served and filed in July, 1960 — before the attorney (appellant), individually, was permitted to intervene in this proceeding. Such notice was therefore ineffectual. We have considered the merits, however, and would affirm the order dated June 20, 1960, if we did not dismiss this appeal. Nolan, P. J., TJghetta, Christ, Pette and Brennan, JJ., concur. [25 Misc 2d 587.]

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In a proceeding to settle the account of the administratrix, her attorney individually appeals from an order of the Surrogate’s Court, Nassau County, dated June 20, 1960, which directed the administratrix to pay certain claims (arising out of an ineompetency proceeding) prior to the payment of said attorney’s fees for services rendered in the- administration of the estate and prior to the payment of commissions to the administratrix. Appeal dismissed, without costs. By the Surrogate’s decision of August 12, 1960, and his order of September 13, 1960, the attorney for the administratrix was made a party to this proceeding for the purpose of an appeal. It appears, however, that the notice of appeal herein was served and filed in July, 1960 — before the attorney (appellant), individually, was permitted to intervene in this proceeding. Such notice was therefore ineffectual. We have considered the merits, however, and would affirm the order dated June 20, 1960, if we did not dismiss this appeal. Nolan, P. J., TJghetta, Christ, Pette and Brennan, JJ., concur. [25 Misc 2d 587.]

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Bluebook (online)

13 A.D.2d 697, 213 N.Y.S.2d 931, 1961 N.Y. App. Div. LEXIS 11420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-tymann-nyappdiv-1961.

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