MATTER OF ESTATE OF LEOPOLD

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the estate's contention, the Surrogate properly determined that the money maintained as a reserve by the estate should be distributed to the distributees. The stipulation between Allison Kyle Leopold and the estate provided for the establishment of a reserve fund to be retained "to pay for attorneys' fees, accounting fees or other expenses, claims or liabilities reasonably anticipated but unpaid at the time of distribution". The Surrogate properly found that the parties did not intend for such reserve to be maintained indefinitely and that it should be distributed (see, Wolstencroft v. Sassower, 212 A.D.2d 598).

Public policy generally mandates free access to the courts (see, Sassower v. Signorelli, 99 A.D.2d 358, 359; Matter of Shreve v. Shreve, 229 A.D.2d 1005). The denial of an injunction enjoining the respondent Allison Kyle Leopold from instituting any additional litigation was appropriate under these circumstances (see, Berson v. Berson, 265 A.D.2d 439; Braten v. Finkelstein, 235 A.D.2d 513, 514; Matter of Shreve v. Shreve, supra; Sassower v. Signorelli, supra).

ALTMAN, J.P., McGINITY, H. MILLER and FEUERSTEIN, JJ., concur.