In the Matter of the Accounting of Herbert S. Greenberg et al., as Executors of Herman M. Braloff, Deceased, Respondents. Henry Root Stern, Jr., as Special Guardian, et al., Respondents; Kate Braloff, Appellant. In the Matter of the Estate of Herman M. Braloff, Deceased. Morris Braloff et al., Respondents; Bruce Rubin et al., Appellants. (Consolidated Appeals.)
Argued January 9, 1958;
decided April 3, 1958.
*849Paxton Blair, Louis Freedman and Joseph F. Carlino for appellants in the second above-entitled proceeding.
Monroe J. Cahn for Herbert S. Greenberg and another, respondents, in support of appellants, in the second above-entitled proceeding.
James G. Blahe for appellant in the first above-entitled proceeding.
Jay Leo Rothschild for Morris Braloff, respondent in each proceeding.
Jay Leo Rothschild and Joseph Trachtman for Sandra B. Borgenicht and another, respondents in the second above-entitled proceeding.
Monroe J. Cahn and Herbert S. Greenberg, in person, for Herbert S. Greenberg and another, respondents in the first above-entitled proceeding.
Henry Root Stern, Jr., special guardian for Denise R. Rubin and others, infants, respondent in each proceeding.
*850Louis J. Lefhowits, Attorney-General (Kenneth D. Shearer and Samuel A. Eirshowits of counsel), in Ms statutory capacity under section 71 of the Executive Law, to uphold the constitutionality of the Surrogate’s Court Act (§8, subd. 5).
Orders affirmed, with costs and disbursements in the accounting proceeding to Herbert S. Greenberg and Maxwell Shmerler, executors, and to the special guardian, payable out of the estate, said disbursements to include such part of the executors’ disbursements as was incurred in printing the consolidated record on appeal to the Court of Appeals and their brief in the accounting proceeding and the special guardian’s brief; and with costs and disbursements in the removal proceeding to Morris Braloff, payable out of the estate, said disbursements to include such part of Ms disbursements as was incurred in printing the consolidated record on appeal to the Court of Appeals and his brief in the removal proceeding. No opinion.
Concur: Chief Judge Conway and Judges Desmond, Fbobssel, Van Voobhis and Bubke. Judges Dye and Fuld dissent in the removal proceeding only, upon the ground that the facts adduced required the removal of the executor Morris Braloff.