IN RE TURNOVER PROCEEDING, ESTATE OF FAY SOLOMON, DECEASED. BRUCE SOLOMON petres, v. MAE MARLOW, res-res

4836-4837. IN RE TURNOVER PROCEEDING, ESTATE OF FAY SOLOMON, DECEASED. BRUCE SOLOMON petres, v. MAE MARLOW, res-res — IN RE PROBATE PROCEEDING, WILL OF LEON HERNESH, DECEASED. MAE MARLOW, pet-ap, v. BRUCE SOLOMON res-res, OFFICE OF THE ATTORNEY GENERAL, res — McCarthy Fingar LLP, White Plains (Robert H. Rosh of counsel), for ap — Law Offices of Joanne Fanizza, P.A., Bay Shore (Joanne Fanizza of counsel), for Bruce Solomon and Joanne Fanizza, res — Radin and Kleinman, West Nyack (Abraham N. Kleinman of counsel), for Diskin Orphan Home of Israel, res — Order, Surrogate's Court, Bronx County (Nelida Malave-Gonzalez, S.), entered on or about August 11, 2016, which, inter alia, denied petitioner Mae Marlow's motion to vacate a May 7, 2016 written stipulation and an October 13, 2015 so-ordered stipulation, and granted respondent Bruce Solomon's cross motion to enforce said stipulations, unanimously affirmed. Order, same court and Justice, entered on or about September 13, 2016, which denied respondent Marlow's motion for the aforementioned requested relief, and granted petitioner Solomon's cross motion for the aforementioned requested relief, unanimously affirmed, without costs.

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4836-4837. IN RE TURNOVER PROCEEDING, ESTATE OF FAY SOLOMON, DECEASED. BRUCE SOLOMON petres, v. MAE MARLOW, res-res — IN RE PROBATE PROCEEDING, WILL OF LEON HERNESH, DECEASED. MAE MARLOW, pet-ap, v. BRUCE SOLOMON res-res, OFFICE OF THE ATTORNEY GENERAL, res — McCarthy Fingar LLP, White Plains (Robert H. Rosh of counsel), for ap — Law Offices of Joanne Fanizza, P.A., Bay Shore (Joanne Fanizza of counsel), for Bruce Solomon and Joanne Fanizza, res — Radin and Kleinman, West Nyack (Abraham N. Kleinman of counsel), for Diskin Orphan Home of Israel, res — Order, Surrogate’s Court, Bronx County (Nelida Malave-Gonzalez, S.), entered on or about August 11, 2016, which, inter alia, denied petitioner Mae Marlow’s motion to vacate a May 7, 2016 written stipulation and an October 13, 2015 so-ordered stipulation, and granted respondent Bruce Solomon’s cross motion to enforce said stipulations, unanimously affirmed. Order, same court and Justice, entered on or about September 13, 2016, which denied respondent Marlow’s motion for the aforementioned requested relief, and granted petitioner Solomon’s cross motion for the aforementioned requested relief, unanimously affirmed, without costs.

It is undisputed that the stipulations were in writing, signed by Marlow’s counsel, entered into in open court, and that the later stipulation was so-ordered. Thus, they are enforceable pursuant to CPLR 2104 (see Hallock v. State of New York, 64 NY2d 224, 230 [1984]). Moreover, Marlow cloaked her attorney with apparent authority to negotiate and enter into the settlements in that the firm represented her in the litigation over many years, and she confirmed to the court attorney in telephone conversations, while negotiations were ongoing, that counsel was authorized to settle on the terms discussed (see Daniels v. Concourse Animal Hosp., 41 AD3d 284 [1st Dept 2007]).

IN RE TURNOVER PROCEEDING, ESTATE OF FAY SOLOMON, DECEASED. BRUCE SOLOMON petres, v. MAE MARLOW, res-res

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