BARRY WEINBERG, DECEASED. ROBERT WEINBERG, ETC., ap; LAW OFFICES OF GORDON MEHLER, PLLC, NONPARTY-ap

MATTER OF BARRY WEINBERG, DECEASED. ROBERT WEINBERG, ETC., ap; LAW OFFICES OF GORDON MEHLER, PLLC, NONPARTY-ap — (FILE NO. 3365/04)In a proceeding for the administration of the estate of a decedent, in which the administrator of the estate petitioned to settle his account, the administrator of the estate and nonparty Law Offices of Gordon Mehler, PLLC, the attorney for the administrator and the estate, appeal, as limited by their brief, from so much of an order of the Surrogate's Court, Kings County (Johnson, S.), dated January 12, 2012, as, upon renewal, and upon the resettlement of the administrator's final account, granted the motion of Law Offices of Gordon Mehler, PLLC, for an award in the sum of $29,127.18 as an attorney's fee for services rendered from February 2009 to May 2011 only to the extent of awarding it the sum of $1,000 as an attorney's fee for that period of time and, sua sponte, directed that the administrator be personally surcharged in the sum of $3,120 for accountant's fees.

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MATTER OF BARRY WEINBERG, DECEASED. ROBERT WEINBERG, ETC., ap; LAW OFFICES OF GORDON MEHLER, PLLC, NONPARTY-ap — (FILE NO. 3365/04)In a proceeding for the administration of the estate of a decedent, in which the administrator of the estate petitioned to settle his account, the administrator of the estate and nonparty Law Offices of Gordon Mehler, PLLC, the attorney for the administrator and the estate, appeal, as limited by their brief, from so much of an order of the Surrogate’s Court, Kings County (Johnson, S.), dated January 12, 2012, as, upon renewal, and upon the resettlement of the administrator’s final account, granted the motion of Law Offices of Gordon Mehler, PLLC, for an award in the sum of $29,127.18 as an attorney’s fee for services rendered from February 2009 to May 2011 only to the extent of awarding it the sum of $1,000 as an attorney’s fee for that period of time and, sua sponte, directed that the administrator be personally surcharged in the sum of $3,120 for accountant’s fees.

ORDERED that, on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, directed that the administrator be personally surcharged in the sum of $3,120 for accountant’s fees is deemed to be an application for leave to appeal, and leave to appeal is granted from that portion of the order (see CPLR 5701[c]; SCPA 2701[1]); and it is further,

BARRY WEINBERG, DECEASED. ROBERT WEINBERG, ETC., ap; LAW OFFICES OF GORDON MEHLER, PLLC, NONPARTY-ap

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