ESTATE OF EVANGELOS CHICKAS, A/K/A ANGELO CHICKAS, Deceased. (13/4635/D) — This is a contested miscellaneous proceeding brought pursuant to SCPA 2110 by Arniotes & Calakos, LLP (the petitioner), seeking attorneys fees for services rendered to George Chickas (the executor) as executor of the estate of Evangelos Chickas a/k/a Angelo Chickas (the decedent). Verified objections were filed by the executor and a settlement conference was held. The parties are unable to resolve their disputes and have consented to the issue of legal fees being decided by the Court based on their submissions.1 Petitioner seeks an order fixing and determining compensation for legal services in the sum of $15,477.00 and expenses/disbursements in the sum of $1,433.50, totaling $16,910.50, of which $10,239.79 has previously been paid. Petitioner seeks the balance of legal fees and disbursements in the sum of $6,670.71.
In support of its petition, the petitioner submits an affirmation of legal services with contemporaneous time records2 and two reply affirmations dated July 23, 2015, and November 12, 2015. The record reflects that the decedent died, testate, on November 28, 2013, leaving an estate consisting of bank accounts, trust accounts, and a parcel of real property located at 9943 Third Avenue, Brooklyn, New York (the property). The gross value of the estate exceeds $1,700,000. The decedent was survived by two nephews, John Chickas and the executor herein, and one niece, Ouriana Chickas Mantasas. These distributees are the issue of the decedent’s pre-deceased brother, Stavros Chickas, and the sole beneficiaries under the will. The executor retained the petitioner by agreement dated December 16, 2013, to represent him in matters related to the decedent’s estate. Petitioner filed a petition for an order to search the decedent’s safe deposit box on December 24, 2013, and thereafter filed a probate proceeding on January 10, 2014. The probate was granted and letters testamentary issued to the executor on February 21, 2014. Both proceedings were uncontested. The petitioner asserts that the administration of the estate required numerous discussions and conferences with the executor and counsel for one of the beneficiaries, that it prepared and filed the assets inventory report, prepared documentation for and appeared at the closing for the sale of the property, collected assets, deducted appropriate expenses, and established appropriate estate accounts. The petitioner contends that it expended more than 44.22 hours of time in service to the executor and obtained successful results in the administration of the estate. The petitioner further contends that the total amount of legal fees constitute less than 1 percent of the size of the estate.
