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MATTER OF COOK

41 A.D.2d 907 (1973)

In the Matter of the Intermediate Accounting of Betty R. B. Cook et al., as Coadministrators of The Estate of Richard C. Cook, Deceased, Appellants-Respondents. Kathleen Cook, Respondent-Appellant; Fay W. Sterenbuch, Guardian ad Litem, Respondent; Continuing Systems Education, Inc., Respondent

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

May 1, 1973

In this intermediate accounting proceeding no evidence of legal services beyond April 15, 1971 was proffered. The Surrogate, nevertheless, in allowing a fee directed that it cover services rendered after the final date of the accounting and through August 24, 1972, the date of the hearing. In so doing, he erred. The claim for services both by affidavit and testimony was properly limited to the period covered by the accounting. The court has the power and the obligation to...

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