MATTER OF DI MURO


1 Misc.2d 647 (1956)

In the Matter of The Estate of Maria Di Muro, Deceased.

Surrogate's Court, Bronx County.

February 16, 1956.


Attorney(s) appearing for the Case

Nicholas Chiarchiaro for Jerry Patierno, as administrator of the estate of Maria Di Muro, deceased, petitioner.

Joseph J. Nista for Helen Patierno, respondent.


McGRATH, S.

This is an application by a successful respondent for leave to make the order of the Appellate Division the order of this court and to tax the costs awarded by the appellate court. The unsuccessful appellant requests this court to disallow the item of $40 for argument in the Appellate Division because the appeal was submitted by both sides and he argues that when the statute speaks of costs "for argument", it means oral argument only.

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