In the Matter of Frederick R. Stortecky, Respondent-Appellant v. Michael A. Mazzone, as Surrogate of the County of…

Summary

The New York Court of Appeals held that a Surrogate Court may sua sponte inquire into the propriety of an executor’s final account and the reasonableness of attorney’s fees even when all interested parties have consented to settlement. Accordingly, the Court modified the Appellate Division’s order, dismissed the petition for prohibition and mandamus, and affirmed the decision.