Opinion
August 28, 1995
Appeal from the Surrogate's Court, Queens County (Nahman, S.).
Ordered that the appeal from the order dated August 6, 1993, is dismissed, without costs or disbursements; and it is further,
Ordered that the order dated October 5, 1993, is reversed insofar as appealed from, as a matter of discretion, without costs or disbursements, and the law firm's motion to withdraw is granted.
The estate is not aggrieved by the order dated August 6, 1993, reducing the legal fees payable to the law firm of Feltman, Karesh, Major Farbman (hereinafter the law firm) for services rendered to the estate of Pauline Lenk (see, CPLR 5511; Matter of Sold, 215 A.D.2d 566; Matter of Serafim, 140 A.D.2d 350).
In light of the executrix's refusal to pay the law firm a reasonable fee for the services it rendered on her behalf, it was an improvident exercise of discretion to deny the law firm's motion to withdraw as counsel for the estate (see, Galvano v Galvano, 193 A.D.2d 779, 780). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.