Ordered that, on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed that the administrator be personally surcharged in the sum of $3,120 for accountant's fees is deemed to be an application for leave to appeal, and leave to appeal is granted from that portion of the order (see CPLR 5701[c]; SCPA 2701[1]); and it is further,
Ordered that the order is modified, on the facts and in the exercise of discretion, (1) by...
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