Opinion
January 12, 1998
Appeal from the Surrogate's Court, Suffolk County (Pitts, S.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the appeal from the order is dismissed, as the appellant is not aggrieved thereby ( see, CPLR 5511); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs payable by the appellant personally.
Upon a review of the record, we find that the Surrogate did not improvidently exercise his discretion in awarding the respondent attorney's fees in the sum of $21,666.67. The sum awarded was fair and reasonable compensation ( see, SCPA 2110; Matter of Papadogiannis, 196 A.D.2d 871).
The respondent's claim that Young abandoned the proceeding by failing to timely enter a judgment is without merit ( see, 22 NYCRR 207.37; Matter of Germain, 138 A.D.2d 918, 920).
Santucci, J.P., Joy, Friedmann and Luciano, JJ., concur.