In re the Estate of Cervera

Appellate Division of the Supreme Court of New York

In re the Estate of Cervera

203 A.D.2d 568, 612 N.Y.S.2d 947, 1994 N.Y. App. Div. LEXIS 4226

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

DecidedApril 25, 1994

StatusPublished

This text of 203 A.D.2d 568 (In re the Estate of Cervera) 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 Cervera, 203 A.D.2d 568, 612 N.Y.S.2d 947, 1994 N.Y. App. Div. LEXIS 4226 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In a proceeding to settle the account of an estate, the accountant appeals, as limited by his brief, from so much of an order of the Surrogate’s Court, Suffolk County (Snellenburg, S.), dated April 1, 1992, as found certain objections to be sufficient.

Ordered that the order is reversed insofar as appealed from, without costs and disbursements, and the objections are dismissed.

Since the objector withdrew her objections prior to the decision by the Surrogate’s Court, the objections should not have been considered (see, Matter of Stoute v City of New York, 91 AD2d 1043; Matter of Tella, 144 Misc 2d 570). Thompson, J. P., Balletta, Pizzuto and Joy, JJ., concur.

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—In a proceeding to settle the account of an estate, the accountant appeals, as limited by his brief, from so much of an order of the Surrogate’s Court, Suffolk County (Snellenburg, S.), dated April 1, 1992, as found certain objections to be sufficient.

Ordered that the order is reversed insofar as appealed from, without costs and disbursements, and the objections are dismissed.

Since the objector withdrew her objections prior to the decision by the Surrogate’s Court, the objections should not have been considered (see, Matter of Stoute v City of New York, 91 AD2d 1043; Matter of Tella, 144 Misc 2d 570). Thompson, J. P., Balletta, Pizzuto and Joy, JJ., concur.

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Bluebook (online)

203 A.D.2d 568, 612 N.Y.S.2d 947, 1994 N.Y. App. Div. LEXIS 4226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-cervera-nyappdiv-1994.

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