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Executor Petitions for Judicial Settlement

This is a case being heard in the Second Judicial Department of the Supreme Court of the State of New York, Appellate Division. The case is a probate proceeding where the executor of the estate petitioned for judicial settlement of the decedent’s estate. A New York Probate Lawyer said the objectant is appealing an order made in the Surrogates Court of Queens County that granted the motion for summary judgment by the petitioner to have the objections dismissed. The order that judicially settled the account, made by the same court, is also being appealed.

Court Discussion and Decision

The court is ordering that the appeals be dismissed with all costs payable by the appellant personally.

The appeal from the intermediate order must be dismissed because the right for direct appeal ended with the entry of the decree in the proceeding. The issues that were raised on appeal from the order would have been brought forth during the appeal from the decree. Additionally, the appendix that was filed by the appellant is inadequate to allow this court to make an informed decision on the merits of the appeal. For this reason, the court is dismissing the decree from the second appeal as well.

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