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MATTER OF KELLY

147 A.D.2d 564 (1989)

In the Matter of The Estate of Eugene P. Kelly, Deceased. Anthony Mastroianni, Appellant; United States Tax Division, Department of Justice, et al., Respondents

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

February 14, 1989

Ordered that the decree is affirmed insofar as appealed from, without costs or disbursements.

In a proceeding to settle an account, the Surrogate's Court has broad discretion to "make such order or decree as justice shall require" (see, SCPA 2211 [1]; Matter of Acker, 128 A.D.2d 867). We find that the appellant has not met his burden of establishing that the court abused its discretion by denying him a commission based...

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