Matter of Diamond

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentSep 25, 1995
219 A.D.2d 717 (N.Y. App. Div. 1995)
219 A.D.2d 717631 N.Y.S.2d 748

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September 25, 1995

Appeal from the Surrogate's Court, Westchester County (Emanuelli, S.).


Ordered that the appeals from the decisions are dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the appeal of Patterson, Belknap, Webb Tyler is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the decree is affirmed insofar as appealed from and reviewed; and it is further,

Ordered that the respondent is awarded one bill of costs.

It is by now well-settled that the Surrogate bears the ultimate responsibility to decide what constitutes reasonable legal compensation (see, Matter of Mergentime, 207 A.D.2d 452; Matter of Verplanck, 151 A.D.2d 767, 768; see also, Matter of Smolley, 188 A.D.2d 535). Under the circumstances of this case, we conclude that the Surrogate's Court properly exercised its discretion in not awarding disbursements and expenses (see, Matter of Zalaznick, NYLJ, Nov. 19, 1976, at 11, col 1, affd 61 A.D.2d 772).

We have examined the remaining contention of the appellant Dornbush, Mensch, Mandelstam Schaeffer and find it to be without merit. Sullivan, J.P., Thompson, Santucci and Krausman, JJ., concur.


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