Opinion
December 16, 1998
Appeal from the Surrogate's Court, Nassau County (Radigan, S.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Surrogate's Court did not act improperly in granting reargument and in dismissing the objections to the manner of computation of the commissions in the account ( see, SCPA 2312). We note, however, that while we agree with the Supreme Court's determination of the "percentage" amounts of the commissions to be paid, we have found, in a related appeal ( see, Matter of Jakobson, 256 A.D.2d 465 [decided herewith]), that there is a question of fact as to whether the respondent Fleet Trust Company mismanaged the trust accounts, and, if so, whether its commissions should be reduced or eliminated accordingly ( see, Matter of Janes, 223 A.D.2d 20, 26).
Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.