CARMELO CARBONE, ETC., DECEASED. MIKE CARBONE, ap; DEBRA BETZ, res

MATTER OF CARMELO CARBONE, ETC., DECEASED. MIKE CARBONE, ap; DEBRA BETZ, res — (FILE NO. 2272/04)In a probate proceeding in which Mike Carbone, the executor of the estate, petitioned to judicially settle his intermediate account of the estate, Mike Carbone appeals (1), as limited by his brief, from so much of an order of the Surrogate's Court, Westchester County (Scarpino, Jr., S.), dated June 2, 2011, as, upon a decision of the same court dated April 13, 2011, granted those branches of the motion of the objectant Debra Betz which were for summary judgment granting certain objections to the intermediate account and imposing certain surcharges and interest upon Mike Carbone, (2), as limited by his brief, from so much of a second order of the same court, also dated June 2, 2011, as, upon the decision, in effect, granted that branch of the motion of the objectant Debra Betz which was for summary judgment granting certain other objections and imposing certain surcharges and interest upon Mike Carbone related to professional services allegedly rendered by Carmela Smart, and (3) from an order of the same court dated September 9, 2011, which denied his motion for leave to renew or reargue his opposition to the summary judgment motion of the objectant Debra Betz.

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MATTER OF CARMELO CARBONE, ETC., DECEASED. MIKE CARBONE, ap; DEBRA BETZ, res — (FILE NO. 2272/04)In a probate proceeding in which Mike Carbone, the executor of the estate, petitioned to judicially settle his intermediate account of the estate, Mike Carbone appeals (1), as limited by his brief, from so much of an order of the Surrogate’s Court, Westchester County (Scarpino, Jr., S.), dated June 2, 2011, as, upon a decision of the same court dated April 13, 2011, granted those branches of the motion of the objectant Debra Betz which were for summary judgment granting certain objections to the intermediate account and imposing certain surcharges and interest upon Mike Carbone, (2), as limited by his brief, from so much of a second order of the same court, also dated June 2, 2011, as, upon the decision, in effect, granted that branch of the motion of the objectant Debra Betz which was for summary judgment granting certain other objections and imposing certain surcharges and interest upon Mike Carbone related to professional services allegedly rendered by Carmela Smart, and (3) from an order of the same court dated September 9, 2011, which denied his motion for leave to renew or reargue his opposition to the summary judgment motion of the objectant Debra Betz.

ORDERED that the appeal from so much of the order dated September 9, 2011, as denied that branch of the appellant’s motion which was for leave to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,

CARMELO CARBONE, ETC., DECEASED. MIKE CARBONE, ap; DEBRA BETZ, res

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