New York Supreme and/or Appellate Courts Appellate Division, First Department
February 21, 2013
IN RE ESTATE OF FRED ZIESS, FILE DECEASED. GERALD P. HALPERN, PETITIONER-RESPONDENT, ALAN ZIESS, OBJECTANT-APPELLANT.
Matter of Ziess
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.
Decided on February 21, 2013 Friedman, J.P., Sweeny, Renwick, Freedman, Roman, JJ.
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, the rents to be included in the definition of money received are gross rents (Matter of Schinasi, 277 NY 252 ; Matter of Amato, 265 AD2d 548, 550 [2d Dept 1999]; see SCPA 2307 ).
We have considered objectant-appellant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 21, 2013
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