Summary
noting that Ms. Carvel was no longer executor of her aunt's estate
Summary of this case from Thomas Agnes Carvel Foundation v. CarvelOpinion
No. 2006-04172.
March 25, 2008.
In a proceeding, inter alia, to settle the supplemental accounts of two of the seven executors under the last will and testament of Thomas Carvel, Pamela Carvel, former executor of the estate of Agnes Carvel, appeals from an order of the Surrogate's Court, Westchester County (Scarpino, Jr., S.), dated March 3, 2006, which granted the motion of McCarthy Fingar, LLP, for leave to withdraw as her counsel, and denied her cross motion, among other things, to disqualify McCarthy Fingar, LLP.
McCarthy Fingar, LLP, White Plains, N.Y. (Joseph J. Brophy of counsel), respondent pro se.
Orrick, Herrington Sutcliffe LLP, New York, N.Y. (Steven J. Fink and Alison F. Swap of counsel), for respondent Thomas and Agnes Carvel Foundation.
Before: Ritter, J.P., Miller, Dillon and Angiolillo, JJ.
Motion by McCarthy Fingar, LLP, inter alia, to dismiss the appeal on the ground that the appellant is no longer the executor of the estate of Agnes Carvel and the successor fiduciary has not sought to be substituted as the appellant. By decision and order on motion of this Court dated September 25, 2007, those branches of the motion which were to dismiss the appeal and to enlarge the record on appeal were held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the appeal, it is
Ordered that the branch of the motion which is to dismiss the appeal is granted, and the motion is otherwise denied as academic; and it is further,
Ordered that the appeal is dismissed, without costs or disbursements.
The issues raised on the appeal are advanced by the appellant in her capacity as executor of the estate of Agnes Carvel. Inasmuch as she no longer retains this status and the successor fiduciary has chosen not to pursue the appeal, we dismiss the appeal.