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MATTER OF OGDENSBURG TRUST CO.

32 A.D.2d 977 (1969)

In the Matter of the Accounting of Ogdensburg Trust Company, as Executor of Herman Kull, Deceased. Alford C. Wells, as Attorney for Executor, Appellant; Charles D. Campbell, as Special Guardian, Respondent

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

July 1, 1969

Per Curiam.

By the action of the Surrogate himself in determining all the issues except the question respecting counsel fees and in thereupon entering a decree which disposed of all the other issues and reserved that concerning counsel fees for future determination, the application for counsel fees was treated as, and in effect became a proceeding and, in consequence, one to which the attorney was and is a party. (See SCPA 2110, 2302, subd. 6; Matter of...

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