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Cases released on:October 26, 2018

Surrogate Malave-GonzalezESTATE OF ALONZO UPTON, Deceased (17-5/C) — Among other contested proceedings in this estate, this is an application by counsel who served as court evaluator in a Mental Hygiene Law Article 81 proceeding commenced on behalf of the decedent, seeking a determination by this court as to the validity of her claim for attorney’s fees awarded to her in that proceeding. After a conference with the court and all parties, this application was marked “submitted without opposition.”In support of her petition counsel attaches the Supreme Court order awarding her fee in the Article 81 proceeding. On this state of the record, this decision constitutes the order of the court allowing the claim; however, payment of the claim must await resolution of the contested proceedings and priority of payment vis-a-vis other claims in an accounting or other appropriate proceeding (see SCPA 1809 [3]; 1811).The Chief Clerk shall mail a copy of this decision and order to counsel for all parties and to the appearing pro se parties.Proceed accordingly.October 22, 2018

 
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