Opinion
December 10, 1970
Appeal from the Monroe Special Term.
Present — Del Vecchio, J.P., Marsh, Witmer and Bastow, JJ.
Order unanimously reversed on the law and facts, without costs, and matter remitted to Special Term, Monroe County, for further proceedings in accordance with the following memorandum: The attorneys who performed the services for which an allowance has been made have, by the form of the affidavits submitted by them, indicated their willingness to have their fees computed on the basis of the number of hours consumed. Their affidavits, however, are inadequate to permit an appraisal of the value of legal services rendered to the trustee in the period 1955-1969. Furthermore, as the Monroe County Bar Association minimum fee schedule recognizes, attorneys' fees should not be allowed for services of younger associates on the same basis as partners. A hearing should be held to take proof by way of examination under oath as to the nature and extent of the services, the status of the persons by whom they were performed and the reasonable value thereof, subject to cross-examination by appellant if she so desires. ( Matter of Grace, 27 A.D.2d 659; Matter of Kittelberger, 4 A.D.2d 218, 226; Matter of O'Malley, 286 App. Div. 869; Matter of Richardson, 250 App. Div. 199.)