Matter of Eshaghian, deceased
Motion No: 2007-04351
Slip Opinion No: 2010 NY Slip Op 74386(U)
Decided on June 14, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104219

E/ct

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-04351

In the Matter of Eshagh Eshaghian, etc., deceased.

Mahrokh Eshaghian, et al., appellants;

Joseph Eshaghian, respondent.

2003-06585, 2003-06733

In the Matter of Eshagh Eshaghian, a/k/a

E. Ike Eshaghian, deceased.

David Eshaghian, appellant; Mahrokh

Eshaghian, et al., respondents.

(File No. 1916/03)

DECISION & ORDER ON MOTION

Motion by Mahrokh Eshaghian and Tanaz Eshaghian to direct the Surrogate's Court, Queens County, to award appellate counsel fees, payable personally by Joseph Eshaghian and David Eshaghian pursuant to SCPA 2302[5], for fees incurred with respect to an appeal from an order of the Surrogate's Court, Queens County, dated March 27, 2007, which was determined by decision and order of this court dated September 16, 2008, and appeals from two orders of the Surrogate's Court, Queens County, dated June 17, 2003, and July 16, 2003, respectively, which were determined by decision and order of this court dated May 17, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., COVELLO, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court