
    JOHN W. WALSH, as Receiver of WILLIAM H. VAN ALLEN, Appellant, v. ELEANOR VAN ALLEN and Others, Executrix, etc., of ADAM VAN ALLEN, Deceased, Respondents.
    
      •Costs on appeal from a Surrogate's Court — Code of Civil Procedure, sees. 2570, 3240.
    Appeal from an order made by the Surrogate’s Court of Albany county, dismissing a petition and citation requiring the respondents to ■show cause why they should not be compelled to file an inventory.
    The court at General Term said with reference to the costs : “ Section 2560 says ‘ the costs of an appeal, where they are awarded in a Surrogate’s Court, are the same as if they were awarded in the Supreme Court.’ There is no appeal to the Surrogate’s Court; and strictly there is no appeal in the Surrogate’s Court. But there is an appeal from that court to the Supreme Court. (See. 2510.) ■Section 3240 makes costs in special proceedings the same (as to rates) with costs in an action.
    “ Taking these sections together, we think that the costs on an appeal from an order in a special proceeding in the Surrogate’s Court must be as in a similar case in an action in the Supreme Court, viz.,- ten dollars and printing disbursements.”
    
      N. P. Hinmam, for the appellant.
    
      Nathaniel O. MoaJtt, for the respondents.
   Memoranda by

Learned, P. J.

Present — Learned, P. J., Bookes and Landon, JJ.

Appeal affirmed, with ten dollars costs and printing disbursements.  