Opinion
October 17, 1994
Appeal from the Surrogate's Court, Suffolk County (Signorelli, J.).
Ordered that the decree is modified, as a matter of discretion, by deleting the provision thereof awarding $25,000 as attorneys' fees and substituting therefor a provision awarding $70,506.25 as attorneys' fees; as so modified, the decree is affirmed insofar as appealed from, without costs or disbursements.
In this case, the executor's petition for a final judicial accounting of the estate sought, inter alia, approval of attorneys' fees in the sum of $109,506.25. The Surrogate awarded $25,000. Although "`the Surrogate bears the ultimate responsibility to decide what constitutes reasonable legal compensation'" (Matter of Bobeck, 196 A.D.2d 496, 497), we find that the reduction in the fees sought to $25,000 was an improvident exercise of discretion.
In light of the time spent, the difficulties involved in the matters in which the services were rendered, the nature of the services, the amount involved, the professional standing of the counsel, and the results obtained (Matter of Kinzler, 195 A.D.2d 464, 465; Matter of Jones, 168 A.D.2d 448, 449; Matter of Schmitt, 65 Misc.2d 1021, 1028), we find that a reduction in the attorneys' fees from the requested sum of $109,506.25 to the sum of $70,506.25 would be appropriate.
Upon our review of the record, we find that the requested attorneys' fees should be reduced by the amount expended on accounting services ($22,250) and by an amount for services which were largely routine and executorial in nature ($16,750) (see, Matter of Passuello, 184 A.D.2d 108, 111; Matter of Jones, 168 A.D.2d, at 449, supra; Matter of Epstein, 158 A.D.2d 183, 188; Matter of Schmitt, 65 Misc.2d, at 1029, supra; Matter of Bernheimer, 61 A.D.2d 761).
We have considered the executor's remaining contention and find it to be without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.