Matter of Duffy (Stone)
2010 NY Slip Op 09712 [79 AD3d 1732]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


In the Matter of the Judicial Settlement of Michael J. Duffy, as Executor of Eleanor G. Kopec, Deceased, Respondent. Gilbert H. Stone, Appellant.

—[*1] Green & Seifter, Attorneys, PLLC, Syracuse (James L. Sonneborn of counsel), for Objectant-appellant.

Goldberg Segalla LLP, Rochester (Timothy Welch of counsel), for petitioner-respondent.

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.

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 [2009]). Present—Scudder, P.J., Carni, Lindley, Pine and Gorski, JJ.