Legal Opinion

In re the Estate of Kelly

Appellate Division of the Supreme Court of the State of New York

Decided November 30, 1992PublishedCited by 9 opinions

1Opinion of the Court

In a proceeding to judicially settle an account of the estate of Elizabeth Kelly, the attorney for the estate appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated June 13, 1990, as fixed his legal fee at $10,500.

Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellant personally.

It is well settled that " 'the Surrogate bears the ultimate responsibility to decide what constitutes reasonable legal compensation’ ” (Matter of Phelan, 173 AD2d 621; Matter of Verplanck, 151 AD2d 767; SCPA…

2Cases cited4 opinions

  1. In re the Estate of SchaichAppellate Division of the Supreme Court of the State of New York · 1977
  2. In re the Estate of VerplanckAppellate Division of the Supreme Court of the State of New York · 1989
  3. In re PhelanAppellate Division of the Supreme Court of the State of New York · 1991
  4. In re JonesAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by9 opinions

  1. In re the Estate of BobeckAppellate Division of the Supreme Court of the State of New York · 1993
  2. In re the Estate of PapadogiannisAppellate Division of the Supreme Court of the State of New York · 1993
  3. Harvey v. County of RensselaerAppellate Division of the Supreme Court of the State of New York · 1993
  4. In re GottliebAppellate Division of the Supreme Court of the State of New York · 1995
  5. In re the Estate of WigginsAppellate Division of the Supreme Court of the State of New York · 1994

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