Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the plaintiff's contention, the Supreme Court properly directed the defendant surety to repay only those funds misappropriated from the conservatee's estate by the principal Edith M. Reardon. A surety's liability is derived from the liability of the principal, and thus as a general rule, a surety's liability may not exceed that of the principal (see, United States v Seaboard Sur. Co., 817 F.2d 956, cert denied 484 U.S. 855; Jones v Gelles, 167 A.D.2d 636; Riverside Iron Works v Insurance Co., 156 A.D.2d 919). Accordingly, the surety's liability at bar does not encompass funds misappropriated by the third-party defendant after the principal's death. Sullivan, J.P., Eiber, Harwood and Balletta, JJ., concur.