Appellate Division of the Supreme Court of the State of New York May 2, 2001 (In re the Estate of Burdick)

—Order unanimously affirmed without costs. Memorandum: Although Surrogate’s Court properly determined that respondents’ attorneys are disqualified, the court erred in determining that they are disqualified pursuant to subdivision (b) of Code of Professional Responsibility DR 5-102 (22 NYCRR 1200.21). The proper subdivision pursuant to which they are disqualified is subdivision (c).