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MATTER OF CUTICONE

204 A.D.2d 447 (1994)

614 N.Y.S.2d 187

In the Matter of Estate of Carlo Cuticone, Deceased. Willard G. LaFauci, Appellant; Maureen E. O'Brien, Respondent

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

May 9, 1994

Ordered that the decree is reversed insofar as appealed from, without costs or disbursements, the sixth decretal paragraph of the decree is deleted, and the matter is remitted to the Surrogate's Court, Kings County, for the entry of an amended decree in accordance herewith.

The Surrogate Court's improperly directed that the fee to the guardian ad litem be paid directly from the attorneys' fees payable to the appellant (see, SCPA 405 [former (1)] [eff until...

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