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MATTER OF GARRASI

1400-017

29 Misc.3d 822 (2010)

907 N.Y.S.2d 821

In the Matter of the Estate of SAMUEL A. GARRASI, Deceased, et al.

Surrogate's Court, Schenectady County.

Decided September 8, 2010.

Attorney(s) appearing for the Case

Robert Garrasi , petitioner pro se.

Englert, Coffey, McHugh & Fantauzzi, LLP, Schenectady ( Peter V. Coffey of counsel), for Barris, Sott, Denn & Driker, PLLC, respondent-petitioner.

McNamee, Lochner, Titus & Williams, P.C., Albany ( Richard Cirincione of counsel), for Sallie Hume Garrasi and others.

Lavelle & Finn, Latham ( Martin Finn of counsel), guardian ad litem for Kevin Aggen.

OPINION OF THE COURT

VINCENT W. VERSACI, S.

The court has pending before it several motions that have been filed with respect to the proceeding to determine the validity of a claim for legal services pursuant to SCPA 1809 and to recover legal fees pursuant to SCPA 2103 commenced by the executor and trustee Robert Garrasi (hereinafter petitioner). After issue was joined and following some earlier motion practice, petitioner filed a notice of motion to strike...

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