IN THE MATTER OF THE ESTATE OF ZAHOUDANIS


17 A.D.3d 602 (2005)

793 N.Y.S.2d 504

In the Matter of the Estate of ELENI ZAHOUDANIS, Also Known as HELEN ZAHOUDANIS, Deceased. MARY ZAHOUDANIS, Respondent-Appellant; JOHN MICHAEL SPANAKOS, Respondent. KENNETH ALLEN HABEL, Nonparty Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 15, 2005.


Ordered that the decree is modified, on the law, by deleting the provision thereof directing the nonparty appellant-respondent to repay an attorney's fee in the sum of $10,000 to the estate; as so modified, the decree is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Surrogate's Court erred in sustaining the objectant's extremely belated objection to an award of an attorney's fee made in a 1992 decree. Not only was the attorney...

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