In re Hardiman

On this application for the settlement of the final account filed by the resigning committee and for the appointment of a substitute committee, the Attorney-G-eneral objects to the manner in which the committee computes commissions.

He contends that a committee is entitled to the initial higher bracket (4%) but once, and thereafter, the lower bracket (2%%). This was upheld in Matter of Hawkins (14 Misc 2d 703), and the only question herein is whether that reasoning still is controlling in view of section 109 of the Mental Hygiene Law, effective September 1, 1963.

Subdivision (1) of that statute…