Opinion
January 11, 1993
Appeal from the Surrogate's Court, Westchester County (Brewster, S.).
Ordered that the appeals from the order dated July 17, 1989, are dismissed, without costs or disbursements, as no appeal lies as of right from a sua sponte order which does not determine a motion made on notice (see, CPLR 5701 [a] [2] [c]; Kokalari v Kokalari, 166 A.D.2d 418); and it is further,
Ordered that the order dated February 27, 1990, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order dated December 31, 1990, is affirmed, without costs or disbursements.
We disagree with the contention of the nonparty appellant attorney that the Surrogate erred in awarding him a counsel fee which was substantially less than the amount he sought. Based upon our review of the evidence of the legal services rendered, the results achieved in this proceeding, the standing of counsel, and the customary fees charged in the legal community for comparable services, we find that the Surrogate's determination with respect to counsel's fee did not constitute an improvident exercise of discretion (see, Matter of Lanyi, 147 A.D.2d 644; see generally, Matter of Schmidt, 134 A.D.2d 432; Matter of Potts, 213 App. Div. 59, affd 241 N.Y. 593).
Similarly, we find that the fee awarded to the guardian ad litem, and the court's direction that the adoptive parents pay that fee, were amply supported by the evidence and were reasonable under the circumstances. Sullivan, J.P., Lawrence, Miller and O'Brien, JJ., concur.