| Matter of Balsamo |
| 2008 NY Slip Op 08320 [55 AD3d 905] |
| October 28, 2008 |
| Appellate Division, Second Department |
| In the Matter of Mary Balsamo, Deceased. Rose Bonacci, Respondent;F. Paul Balsamo, Appellant. |
—[*1] Danna & Associates, P.C., Staten Island, N.Y. (Anthony S. Danna of counsel), forpetitioner-respondent.
In a proceeding pursuant to SCPA 2103 to disclose and recover certain assets alleged to be a partof the decedent's estate, F. Paul Balsamo appeals, as limited by his brief, from so much of an order ofthe Surrogate's Court, Richmond County (Gigante, S.), dated February 28, 2008, as granted thatbranch of the petitioner's motion which was, in effect, pursuant to 22 NYCRR 130-1.1 for an award ofcosts and an attorney's fee against him, in the sum of $2,597.
Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellantpersonally.
The Surrogate's Court providently exercised its discretion in granting that branch of the petitioner'smotion which was, in effect, pursuant to 22 NYCRR 130-1.1 for an award of costs and an attorney'sfee against the appellant. Contrary to the appellant's contention, since the petitioner expressly requestedthe subject relief in her motion papers, and the appellant was afforded an opportunity to be heard andto oppose the motion, a hearing was not required (see 22 NYCRR 130-1.1 [d]; Matter ofMinister, Elders & Deacons of Refm. Prot. Dutch Church of City of N.Y. v 198 Broadway, 76NY2d 411, 413 n [1990]; Wesche vWesche, 51 AD3d 909, 910 [2008]; RCN Constr. Corp. v Fleet Bank, N.A., 34 AD3d 776 [2006]).[*2]
The appellant's remaining contentions are without merit.Spolzino, J.P., Santucci, Miller, Dickerson and Eng, JJ., concur.