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COMINS v. SHARKANSKY

No. 93-P-1502.

38 Mass. App. Ct. 37 (1995)

MADELINE COMINS, guardian, vs. ROBERT SHARKANSKY.

Appeals Court of Massachusetts, Middlesex.

January 9, 1995.

Attorney(s) appearing for the Case

Amy M. Feinberg for the plaintiff.

Warren D. Hutchinson for the defendant.

Present: ARMSTRONG, DREBEN, & GREENBERG, JJ.

DREBEN, J.

The primary question raised by this appeal is whether the defendant-accountant, chosen under a court approved settlement agreement to make an appraisal of stock binding on the parties, is entitled to absolute immunity as a quasi judicial officer. We hold that he is not.

In settlement of a petition for an accounting brought in the Probate Court by the mother, as guardian of her daughter, Chloe,

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