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In the Matter of the Judicial Settlement v. Gilbert H. Stone

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2010

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF MICHAEL J. DUFFY, AS EXECUTOR OF THE ESTATE OF ELEANOR G. KOPEC, DECEASED,
PETITIONER-RESPONDENT.
v.
GILBERT H. STONE,
OBJECTANT-APPELLANT.

Appeal from an order of the Surrogate's Court, Monroe County Edmund A. Calvaruso, S. entered September 8, 2009. The order dismissed the objection of Gilbert H. Stone seeking to surcharge Michael J. Duffy and granted Michael J. Duffy his commissions and attorney's fees.

Matter of Duffy v Stone

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., CARNI, LINDLEY, PINE, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision by the Surrogate (Matter of Kopec, 25 Misc 3d 901).

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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