In re the Estate of Brozinsky

Appellate Division of the Supreme Court of New York

In re the Estate of Brozinsky

25 A.D.2d 879, 271 N.Y.S.2d 563, 1966 N.Y. App. Div. LEXIS 4126

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

DecidedMay 23, 1966

StatusPublished

This text of 25 A.D.2d 879 (In re the Estate of Brozinsky) 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 Estate of Brozinsky, 25 A.D.2d 879, 271 N.Y.S.2d 563, 1966 N.Y. App. Div. LEXIS 4126 (N.Y. Ct. App. 1966).

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Opinion

In a proceeding to judicially settle an executor’s account, the decedent’s widow, Isabelle Brozinsky (an objectant), appeals from portions of an order of the Surrogate’s Court, Kings County, entered October 14, 1965 on reargument, which, inter alia, dismissed her objections with respect to certain stock interests of the testator. As limited by the notice of appeal and appellant’s brief, the appeal embraces the entire order except [880]*880insofar as it granted reargument and except so much thereof as confirmed the Referee’s report in part and denied an application to approve fees to the attorney for the petitioner, Sam S. Brozinsky, in his individual capacity. Order modified, on the law and the facts and in the exercise of discretion, so as to provide for an upset price of $45,000 at the auction sale referred to in the last decretal paragraph of the order. As so modified, order insofar as appealed from affirmed, without costs. In the interests of justice and orderly procedure, we deem it proper to direct that at the auction sale the property shall not be sold for less than $45,000.

Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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In a proceeding to judicially settle an executor’s account, the decedent’s widow, Isabelle Brozinsky (an objectant), appeals from portions of an order of the Surrogate’s Court, Kings County, entered October 14, 1965 on reargument, which, inter alia, dismissed her objections with respect to certain stock interests of the testator. As limited by the notice of appeal and appellant’s brief, the appeal embraces the entire order except [880]*880insofar as it granted reargument and except so much thereof as confirmed the Referee’s report in part and denied an application to approve fees to the attorney for the petitioner, Sam S. Brozinsky, in his individual capacity. Order modified, on the law and the facts and in the exercise of discretion, so as to provide for an upset price of $45,000 at the auction sale referred to in the last decretal paragraph of the order. As so modified, order insofar as appealed from affirmed, without costs. In the interests of justice and orderly procedure, we deem it proper to direct that at the auction sale the property shall not be sold for less than $45,000.

Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 879, 271 N.Y.S.2d 563, 1966 N.Y. App. Div. LEXIS 4126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-brozinsky-nyappdiv-1966.