Opinion
Submitted April 11, 2001.
May 29, 2001.
In a proceeding to settle the account of the co-executors of the estate of David Reichberg, the objectants appeal from an order of the Surrogate's Court, Westchester County (Emanuelli, S.), dated August 7, 2000, which granted the co-executors' motion pursuant to CPLR 3126 to the extent of awarding the co-executors an attorney's fee in the amount of $4,750 due to the objectants' failure to proceed with pretrial disclosure.
Goddard Ronan Dineen, LLP, Garden City, N.Y. (Gregory E. Ronan and John P. Kapsalis of counsel), for appellants.
Bleakley Platt Schmidt, LLP, White Plains, N.Y. (Steven P. DeRicco of counsel), for respondents.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
The award to the co-executors of an attorney's fee was appropriate due to the failure of the appellant Gregory Reichberg to appear for two scheduled depositions (see, Smith v. New York Tel. Co., 235 A.D.2d 529; Barbiere v. Motamed, 209 A.D.2d 368).
The appellants' remaining contention is without merit.
RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ., concur.