Opinion
May 24, 1999
Appeal from the Supreme Court, Westchester County (Silverman, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The appellant contends that the court erred in determining that the fees remitted to him after the dissolution of the law firm were correct without ordering an additional accounting or permitting him an opportunity to present evidence at a hearing. We disagree. The record indicates that the payments received by the appellant were in accordance with the terms of the report filed by the Referee after the dissolution hearings (see, Hand v. Kenyon Kenyon, 227 A.D.2d 137; Gilbride v. Harrison, 212 A.D.2d 757, 758), and that there were no issues of fact which precluded summary judgment (see, McDonough v. Bower Gardner, 226 A.D.2d 600, 602; cf., McDonald v. Fenzel, 233 A.D.2d 219, 220; Abelow v. Grossman, 230 A.D.2d 693).
The appellant's remaining contentions are without merit.
Sullivan, J. P., Krausman, Florio and Smith, JJ., concur.