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In re the Estate of Phinney

251 A.D.2d 1048 Court N.Y. App. Div. Decision date 1998-06-10 Docket Appeal No. 2 English

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p. 1048
In the Matter of the Estate of Milford L. Phinney, Deceased, Respondent. Edward W. Riley, as Guardian ad Litem of Lewis B. Phinney and Another, Infants, Appellant; Antonia B. Phinney, as Mother of Lewis B. Phinney and Another, Infants, et al., Respondents.
(Appeal No. 2.)
[673 NYS2d 623]

—Order unanimously affirmed without costs. Memorandum: Surrogate’s Court did not abuse its discretion in awarding the guardian ad litem $7,000 in fees and ordering that the estate pay one third and the infant children pay two thirds of

p. 1049
that amount (see, Matter of Infant X. v Children’s Hosp., 197 AD2d 884 ; Matter of Hassett, 47 AD2d 569 ). (Appeal from Order of Orleans County Surrogate’s Court, Noonan, S. — Counsel Fees.) Present — Denman, P. J., Hayes, Pigott, Jr., Balio and Fallon, JJ.

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