Matter of McPherson

Matter of McPherson 2006 NY Slip Op 08988 [34 AD3d 813] November 28, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

In the Matter of the Estate of Euphemia McPherson, Deceased. Donald K. Koch, Appellant; Public Administrator of Suffolk County, Respondent.

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In a probate proceeding Donald K. Koch appeals, as limited by his notice of appeal and brief, from so much of a decree of the Surrogate's Court, Suffolk County (Czygier, S.), entered October 24, 2005, as, upon, inter alia, an order of the same court dated November 14, 2003, which, among other things, revoked letters of administration C.T.A. issued to him, disallowed his claim for the sum of $7,664.88 in counsel fees and disbursements.

Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellant personally.

Contrary to the appellant's contention, the Surrogate's Court providently exercised its discretion in revoking the appellant's letters of administration C.T.A. and in disallowing his claim for counsel fees and disbursements. The appellant failed, without good cause, to comply with the orders dated June 21, 2001 and June 24, 2003 directing the sale of the estate's realty (see SCPA 711 [3]; 719 [10]; Matter of Lanza, 19 AD3d 494 [2005]; Matter of Cosentino, 218 AD2d 799 [1995]; Matter of Marsh, 173 AD2d 336 [1991]; cf. Matter of Maxwell, 13 AD3d 630 [2004]). Schmidt, J.P., Adams, Santucci and Lifson, JJ., concur.