MATTER OF GALLAGHER

2010-00949.

81 A.D.3d 825 (2011)

916 N.Y.S.2d 804

In the Matter of the Estate of PAUL GALLAGHER, Also Known as PAUL J. GALLAGHER, Deceased. KEVIN GALLAGHER, Appellant; WENDY WALTON et al., Respondents.

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

Decided February 15, 2011.


Ordered that the decree is affirmed insofar as appealed from, with one bill of costs payable by the appellant personally.

In an accounting proceeding, the party submitting an account has the ultimate burden of demonstrating that he or she has fully accounted for all of the assets of the estate (see Matter of Tract, 284 A.D.2d 543 [2001]; Matter of Schnare, 191 A.D.2d 859

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