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MTR. OF JOSLIN v. REGAN

63 A.D.2d 466 (1978)

In the Matter of Norman E. Joslin, as Executor of Madeline H. Noe, Deceased, Appellant, v. William J. Regan, as Surrogate of Erie County, et al., Respondents

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

July 13, 1978

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Norman E. Joslin, pro se, of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (James Kennedy and Ruth Kessler Toch of counsel), for respondents.

Allan R. Lipman for Erie Bar Association, amicus curiae.

MOULE, J. P., CARDAMONE and SIMONS, JJ., concur; DENMAN, J., not participating.

DILLON, J.

We are here asked to decide the legality and constitutionality of chapter 33 of the Laws of 1977 which amended SCPA 2402 relating to the amount of fees to be paid in Surrogate's Court proceedings. The effect of the bill is to establish a single, State-wide fee schedule by increasing those fees previously charged in counties outside the City of New York to the level which has been in effect in counties...

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