In re the Estate of Kelly
Opinion of the Court
In a proceeding to judicially settle an account of the estate of Elizabeth Kelly, the attorney for the estate appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated June 13, 1990, as fixed his legal fee at $10,500.
Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellant personally.
It is well settled that " 'the Surrogate bears the ultimate responsibility to decide what constitutes reasonable legal compensation’ ” (Matter of Phelan, 173 AD2d 621; Matter of Verplanck, 151 AD2d 767; SCPA 2110). Moreover, " '[t]his is so regardless of the existence of a retainer agreement * * * or whether all interested parties have consented to the amount of fees requested’ ” (Matter of Phelan, supra, at 621; Matter of Verplanck, supra, at 767; see also, Matter of Jones, 168 AD2d 448; Matter of Victory, 156 AD2d 697). We have repeatedly emphasized the importance of contemporaneously-maintained time records as a key component of an attorney’s affirmation of legal services (Matter of Phelan, 173 AD2d 621, supra).
We have reviewed the appellant’s remaining contentions and find them to be without merit. Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.