In re Estate of Polyan

—In a proceeding to settle the account of an estate, the attorney for the decedent in an underlying medical malpractice action appeals from a decree of the Surrogate’s Court, Kings County (Bloom, S.), dated September 21, 1992, which, inter alia, directed him to pay the estate *728distributees $47,728.32 held in escrow, representing the difference between an amount he would be entitled to under Judiciary Law § 474-a and a greater amount he would be entitled to pursuant to a one-third retainer agreement.

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

The appellant attorney may…