MATTER OF ZIESS

9319, 1366/02.

103 A.D.3d 534 (2013)

959 N.Y.S.2d 438

2013 NY Slip Op 1165

In the Matter of the Estate of FRED ZIESS, Deceased. GERALD P. HALPERN, Respondent. ALAN ZIESS, Appellant.

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

February 21, 2013.


Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered on or about October 28, 2011, which, among other things, granted petitioner's motion for partial summary judgment approving a portion of his accounting as co-executor of the deceased's estate, unanimously affirmed, without costs.

The Surrogate correctly determined that in calculating the commission due a fiduciary other than a trustee under SCPA 2307 (1) and (2), for receiving and paying money...

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