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MATTER OF DELONG

89 A.D.2d 368 (1982)

In the Matter of Dennis S. DeLong, as Administrator of The Estate of Amalia DeLong

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

November 9, 1982

Attorney(s) appearing for the Case

Palmer, Heffernan, Wickser & Beyer (John J. Heffernan of counsel), for County of Erie, appellant.

Garvey, Magner & Love, P. C. (Philip H. Magner, Jr., of counsel), for Dennis S. DeLong, respondent.

DILLON, P. J., DENMAN, MOULE and SCHNEPP, JJ., concur.

HANCOCK, JR., J.

Does a defendant, which has agreed to pay a certain sum to settle the damages claim of an estate subject to the approval of Surrogate's Court, have a right to appeal from the court's refusal to approve the settlement? This question arises in the county's appeal from an order of the acting Surrogate disapproving the petition of Dennis S. DeLong, as administrator of his wife's estate, to settle the liability of the County of Erie for his...

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