Opinion
February 1, 1999
Appeal from the Surrogate's Court, Queens County (Nahman, S.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision; and it is further,
Ordered that appeals from the orders are dismissed; and it is further,
Ordered that the decree is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs, payable by the appellant personally.
The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of the decree ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the decree (CPLR 5501 [a] [1]).
The record supports the Surrogate's findings that the appellant's claims were time-barred or were barred by res judicata or collateral estoppel. Moreover, on the merits, the appellant failed to submit any evidence tending to show that any estate asset or income was unaccounted for. The testimony of the administrators Frances Lupoli Shuman and Jennie Lupoli, the decedent's daughters, clearly showed that the estate had no assets. Consequently, the Surrogate properly settled the administrators' account.
Moreover, the Surrogate did not improvidently exercise his discretion in awarding the respondent costs and attorney's fees, to be paid by the appellant personally.
The appellant's remaining contentions are without merit.
Bracken, J. P., O'Brien, Sullivan and Goldstein, JJ., concur.