Opinion
February 6, 1989
Appeal from the Surrogate's Court, Queens County (Laurino, S.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Upon his determination that approximately one half of the services performed by the petitioner attorney were executorial in nature, the Surrogate did not improvidently exercise his discretion in directing the petitioner executor to pay one half of the attorney's fees and all of the accountant's fees, from his statutory commission (see, Matter of Hertz, 128 A.D.2d 780, lv denied 69 N.Y.2d 613; Matter of Smith, 91 A.D.2d 789; Matter of Schaich, 55 A.D.2d 914). Nor did the Surrogate improvidently exercise his discretion in fixing the amount of compensation to which the petitioner attorney was entitled (see, Matter of Freeman, 34 N.Y.2d 1, 9; Matter of Ury, 108 A.D.2d 816). Mollen, P.J., Brown, Kunzeman and Kooper, JJ., concur.