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MATTER OF CINCOTTA

2014-02287, Index No. 4818/02.

139 A.D.3d 1058 (2016)

32 N.Y.S.3d 610

2016 NY Slip Op 04050

In the Matter of DOMINICK CINCOTTA, Deceased. DOROTHY PERRY CINCOTTA, as Executor of DOMINICK CINCOTTA, Deceased, Appellant; RICHARD S. DILLWORTH, Respondent.

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

Decided May 25, 2016.

Ordered that the order is affirmed, with costs.

Dorothy Perry Cincotta (hereinafter the executor) is the executor of the estate of the decedent, Dominick Cincotta. Richard S. Dillworth is the executor's former attorney, who represented her at various stages of the probate proceedings. In December 2012, Dillworth petitioned the Surrogate's Court for an award of $15,139 in unpaid legal fees incurred from January 2011 through January 2012. These fees were specifically...

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