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In re the Intermediate Accounting of Fitz-Gerald

5 N.Y.2d 846 Court N.Y. Decision date 1958-11-13 English

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p. 846
In the Matter of the Intermediate Accounting of Gerald Fitz-Gerald, as Trustee under the Will of Alexander Morten, Deceased. In the Matter of the Accounting of Marjory Morten, as Trustee under the Will of Alexander Morten, Deceased. Marjory Morten et al., Appellants; Gerald Fitz-Gerald et al., Respondents.
Submitted November 10, 1958;
decided November 13, 1958.
p. 847
William Hoppen for motion and in opposition to cross motion.
Chambers, Clare & Gibson, Harper & Matthews, George B. Fargis, Maurice A. Taub, O’Connor and Murphy, and John G. Magan, in opposition to motion and for cross motion.

Motion dismissed.

Cross motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appealable paper was the order of the Appellate Division of July 11, 1958, and not the order entered in the Surrogate’s Court (Civ. Prac. Act, § 591, subd. 2, as amd. by L. 1953, ch. 417; see Matter of Noble, 2 N Y 2d 725 ) and that the time to appeal from such order of the Appellate Division has expired (Civ. Prac. Act, § 592, subd. 1).