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MATTER OF BONADIO

Index No. 2016-787/F/V.

77 Misc.3d 475 (2022)

177 N.Y.S.3d 832

2022 NY Slip Op 22330

In the Matter of THOMAS F. BONADIO, as Co-Executor of the Estate of ANTHONY J. COSTELLO, Deceased, for Advice and Direction Pursuant to Surrogate's Court Procedure Act §§ 2107 and 2102(6).

Surrogate's Court, Monroe County.

Decided October 13, 2022.

Attorney(s) appearing for the Case

Richard M. Beers, Jr., petitioner pro se.

Venable LLP ( Gregory A. Cross and Thomas J. Welling, Jr. of counsel) for Deutsche Bank Trust, respondent.

Boylan Code ( Mark A. Costello of counsel) for Canandaigua National Bank and Trust Company, respondent.

McCarter & English, LLP ( Gregory J. Mascitti and Timothy M. Ferges of counsel) for M&T Bank, respondent.

Nixon Peabody LLP ( Richard A. McGuirk of counsel) for Wells Fargo Properties, respondent.

Alicia Smith, beneficiary pro se.

OPINION OF THE COURT

The issue presented is whether a "special master" appointed by a judge of this court and who was given authority by consent of interested parties to market and sell properties in which the decedent had substantial ownership interests can be paid his outstanding fees from funds collected by...

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