MATTER OF BENJAMIN

2009-06457.

72 A.D.3d 1078 (2010)

898 N.Y.S.2d 884

In the Matter of CALVIN E. BENJAMIN, Deceased. JANET BENJAMIN et al., Respondents. GEORGE B. HEADLEY, Nonparty Appellant.

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

Decided April 27, 2010.


Ordered that the decree is affirmed insofar as appealed from, with costs.

The Surrogate "bears the ultimate responsibility to decide what constitutes reasonable legal compensation" in estate matters regardless of whether the parties agreed to the amount of legal fees (Matter of Verplanck, 151 A.D.2d 767, 767 [1989]; see Matter of Phelan, 173 A.D.2d 621 [1991]). Here, the...

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