MATTER OF IRENE B. MARSH, DECEASED. BANK OF NEW YORK, ETC., APPELLANT-res; LOS ANGELES COUNTY PUBLIC ADMINISTRATOR, AS LIMITED ADMINISTRATOR OF THE ESTATE OF ADRIENNE MARSH LEFKOWITZ, RESPONDENT-ap; MCCARTHY FINGAR LLP, NONPARTY-APPELLANT-res — (FILE NO. 1606/90) In a probate proceeding in which the executor of the estate of Irene B. Marsh petitioned for the judicial settlement of its final and supplemental accounts, (1) the petitioner and the nonparty McCarthy Fingar LLP, appeal, as limited by their notice of appeal and brief, from so much of a decree of the Surrogate’s Court, Westchester County (Scarpino, Jr., S.), dated June 5, 2009, as, upon a decision of the same court dated April 16, 2009, made after a nonjury trial, granted certain objections of the objectant, Adrienne Marsh Lefkowitz, to the extent of directing the petitioner to pay (a) the objectant a surcharge pertaining to the petitioner’s handling of the decedent’s tangible personal property in the sum of $274,855 plus 9 percent interest from July 22, 1996, less certain amounts, (b) the objectant a surcharge in the amount of 9 percent interest on certain distributions the petitioner made to a sub-account f/b/o Adrienne Marsh Lefkowitz less any interest actually earned and paid to the objectant, and (c) a surcharge in the amount of 9 percent interest on certain disallowed legal fees which the nonparty McCarthy Fingar LLP, was directed to repay to the estate or to the objectant; the Los Angeles County Public Administrator, as limited administrator of the estate of the objectant, Adrienne Marsh Lefkowitz, cross-appeals from stated portions of the same decree which, inter alia, denied her objections to the payment of commissions to the petitioner, and (2) the petitioner appeals from so much of an amended decree of the same court dated October 6, 2009, as amended the decree by deleting the fourth decretal paragraph thereof and substituting therefor a provision directing the petitioner to pay the objectant a surcharge pertaining to the petitioner’s handling of the decedent’s tangible personal property in the sum of $274,855 plus 9 percent interest from July 22, 1996, less certain amended amounts.
ORDERED that the petitioner’s appeal from so much of the decree as directed it to pay the objectant, Adrienne Marsh Lefkowitz, a surcharge pertaining to the petitioner’s handling of the decedent’s tangible personal property in the sum of $274,855 plus 9 percent interest from July 22, 1996, less certain amounts, is dismissed, without costs or disbursements, as that provision of the decree was superseded by the amended decree; and it is further,
