MATTER OF PHELAN


173 A.D.2d 621 (1991)

In the Matter of Francis J. Phelan, Jr., Deceased. Michael J. Ferlisi et al., Appellants

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

May 20, 1991


Ordered that the order is affirmed, without costs or disbursements.

Although the appellant attorney was not simultaneously acting as a fiduciary to the estate he represented, the Surrogate did not exceed his statutory authority in ordering the executor to file an account and in reviewing the appellant attorney's requested $95,000 counsel fee (cf., SCPA 2307). As we have recently observed, "[i]t is by now well settled that the Surrogate bears the ultimate responsibility...

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