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MATTER OF PEKOFSKY v. ESTATE OF COHEN

259 A.D.2d 702 (1999)

686 N.Y.S.2d 837

In the Matter of MICHAEL A. PEKOFSKY, Appellant, v. ESTATE OF SALLY E. COHEN et al., Respondents.

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

Decided March 22, 1999.

Ordered that the order is affirmed, with costs payable by the appellant personally.

It is well settled that the Surrogate bears the ultimate responsibility of deciding what constitutes a reasonable attorney's fee regardless of the existence of a retainer, agreement (see, Matter of Stern, 227 A.D.2d 636; Matter of Nicastro, 186 A.D.2d 805; Matter of Verplanck,

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