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MATTER OF NICASTRO

186 A.D.2d 805 (1992)

In the Matter of The Estate of Alexander Nicastro, Deceased. Dorothy Nicastro, Individually and as Administratrix of The Estate of Alexander Nicastro, Deceased, et al., Appellants, v. Marion Park, as Executrix of Fred E. Park, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1992

Ordered that the resettled order is affirmed insofar as appealed from, with costs payable by the appellants personally.

Contrary to the appellants' contention, the Surrogate did not improvidently exercise his discretion in fixing the amount of compensation to which their attorney was entitled. It is settled law that the Surrogate bears the ultimate responsibility of deciding what constitutes reasonable legal compensation (see, Matter of Phelan,

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