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MATTER OF LUKA

23 A.D.2d 46 (1965)

In the Matter of the Accounting of Noah L. Braunstein, as Committee of the Person and Property of James Luka, an Incompetent Person, Respondent. Edgar P. Feeley, as Executor of James Luka, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 1965.

Attorney(s) appearing for the Case

Edgar P. Feeley, appellant in person.

Noah L. Braunstein, respondent in person.

BREITEL, J. P., VALENTE, McNALLY, STEVENS and EAGER, JJ., concur.

Per Curiam.

The compensation of a committee of the property of an incompetent is fixed in section 109 of the Mental Hygiene Law (formerly Civ. Prac. Act, § 1376) "at the same rates as that of an executor or administrator." The rates of commissions of an executor or administrator are provided for in section 285 of the Surrogate's Court Act. A committee may also be allowed such additional compensation as to the court...

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