In the Matter of Peter B. Mcalpine
| Decision Date | 28 June 2011 |
| Parties | In the Matter of Peter B. McALPINE, also known as Peter Bowes McAlpine, deceased.Alissa Russo, respondent;Peter McAlpine, et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
85 A.D.3d 1185
926 N.Y.S.2d 167
2011 N.Y. Slip Op. 05713
In the Matter of Peter B. McALPINE, also known as Peter Bowes McAlpine, deceased.Alissa Russo, respondent;Peter McAlpine, et al., appellants.
Supreme Court, Appellate Division, Second Department, New York.
June 28, 2011.
[926 N.Y.S.2d 168]
Peter McAlpine, Simsbury, Connecticut, Scott McAlpine, Dix Hills, N.Y., and Glenn McAlpine, Marietta, Georgia, appellants pro se (one brief filed).Spizz & Cooper, LLP, Mineola, N.Y. (Harvey W. Spizz and Theresa M. McSweeney of counsel), for respondent.A. GAIL PRUDENTI, P.J., RANDALL T. ENG, L. PRISCILLA HALL, and PLUMMER E. LOTT, JJ.
[85 A.D.3d 1185] In a probate proceeding in which the executor of the estate of Peter B. McAlpine, also known as Peter Bowes McAlpine, petitioned to judicially settle her intermediate account of the estate, the objectants appeal from so much of an order of the Surrogate's Court, Nassau County (Riordan, S.), dated June 30, 2010, as granted those branches of the executor's motion which were for summary judgment dismissing certain objections to the account.
ORDERED that the order is affirmed insofar as appealed from, with costs payable by the appellants personally.
The decedent, Peter B. McAlpine, also known as Peter Bowes McAlpine, died on July 22, 2004, survived by his daughter, Alissa Russo, and his sons Peter McAlpine, Scott McAlpine, and Glenn McAlpine, each of whom was bequeathed a one-quarter share in the decedent's estate. As the executor of the estate, Alissa Russo (hereinafter the petitioner) filed a petition to judicially settle the intermediate account of her activities in connection with the estate, covering the period from July 22, 2005, through October 31, 2009. The decedent's three sons jointly asserted 24 objections to the account. The petitioner subsequently moved for summary judgment dismissing the objections to her account. In the order appealed from, the Surrogate's Court, inter alia, awarded the petitioner summary judgment dismissing an objection asserting that the petitioner failed to account for various items of personal property, an objection asserting that the petitioner failed to account for loans which were allegedly made to her and her husband during the decedent's lifetime, and so much of an objection as asserted that the petitioner understated the amount of cash she recovered from a box in the decedent's home and commingled that cash with her own funds (hereinafter collectively the subject...
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