In re the Estate of Shen

In an accounting proceeding, the executor, Sylvan R. Novick, appeals from an order of the Surrogate’s Court, Queens County (Laurino, S.), dated September 22,1988, which, inter alia, directed that he pay part of the attorney’s fees from his commission.

Ordered that the order is affirmed, without costs or disbursements.

We find that the Surrogate did not improvidently exercise his discretion in setting aside a settlement of the estate by agreement and in ordering that the executor pay a part of the attorney’s fees from his statutory commission since a substantial portion of the services performed…