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MATTER OF BUTTA

185 Misc.2d 689 (2000)

713 N.Y.S.2d 923

In the Matter of the Estate of HELEN BUTTA, Deceased.

Surrogate's Court, Bronx County.

September 25, 2000.

Attorney(s) appearing for the Case

Ronald A. Rappo for Rosario Butta, executor.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The question of first impression presented in this ex parte application for an advance payment of commissions pursuant to SCPA 2311 is whether the executor, without the consent to the payment by all persons whose interests would be affected, is entitled to an advance payment equal to 5% of the gross rentals he has collected (SCPA 2307 [6]) in addition to an advance payment...

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