IN RE: Judicial Accounting of Walter SAKOW (2007)

Order, Surrogate's Court of the State of New York, Bronx County (Lee L. Holzman, S.), entered November 16, 2005, which, to the extent appealed, denied objectants' cross motion to impose a surcharge against petitioner as the de facto fiduciary of the estate, unanimously affirmed, without costs.

As the damages trial of this matter was concluded, and the resulting order reviewed by this Court (see Matter of Sakow, 21 A.D.3d 849, 802 N.Y.S.2d 396 [2005], lv. denied 7 N.Y.3d 706, 837 N.Y.S.2d 1, 868 N.E.2d 662 [2006] ), the doctrine of the law of the case precludes the grant of objectants' cross motion to surcharge petitioner for self-dealing (see generally People v. Evans, 94 N.Y.2d 499, 502-504, 706 N.Y.S.2d 678, 727 N.E.2d 1232 [2000] ).