Opinion
September 29, 1994
Appeal from the Surrogate's Court, New York County (Eve Preminger, S.).
We modify to correct an arithmetic error in the long-form order to avoid an "unwarranted windfall" to counsel (see, Matter of Lewin v. New York City Conciliation Appeals Bd., 88 A.D.2d 516, affd 57 N.Y.2d 760). The record supports the Surrogate's determination that the services for which counsel was paid $7,500 were within the scope of services for which this Court ordered payment in quantum meruit in Matter of Kleefeld ( 168 A.D.2d 242), while the services in the Regine Kleefeld estate for which counsel was paid an additional amount of approximately $20,000 were not.
Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.