Opinion
July 5, 1961
Motion by appellant for reargument or for leave to appeal to the Court of Appeals referred to the court that rendered the decision. Beldock, Acting P.J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur. Motion for reargument granted. On reargument, the decision handed down April 17, 1961 ( 13 A.D.2d 697), is amended to read as follows: "In a proceeding to settle the account of the administratrix, her attorney individually appeals from an order of the Surrogate's Court, Nassau County, dated June 20, 1960, which directed the administratrix to pay certain claims (arising out of an incompetency proceeding) prior to the payment of said attorney's fees for services rendered in the administration of the estate and prior to the payment of commissions to the administratrix. Order affirmed, without costs. No opinion." Motion for leave to appeal to Court of Appeals, denied. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.