Surrogate Gingold ESTATE OF DEVORA WILKENFELD, Deceased (10-2017/B/C/D) — In this successor trustee proceeding the court appointed Stephanie Gopen, Esq., as guardian ad litem (hereinafter “GAL”) to protect the interests of Liam Adar Nizri, and Karen Goldberg Sager, Esq., as GAL to protect the interests of Daniel Gitai Nizri. In determining reasonable compensation for legal services rendered by a GAL, the court may consider a number of factors. These include, but are not limited to (i) the time spent (see Matter of Kelly, 187 AD2d 718 [2d Dept 1992]); (ii) the complexity of the questions involved (see Matter of Coughlin, 221 AD2d 676 [3d Dept 1995]) and the nature of the services provided (see Matter of Von Hofe, 145 AD2d 424 [2d Dept 1988]); (iii) the amount of litigation required (see Matter of Sabatino, 66 AD2d 937 [3d Dept 1978]); (iv) the amounts involved and the benefit resulting from the performance of such services (see Matter of Shalman, 68 AD2d 940 [3d Dept 1979]); (v) the lawyer’s experience and reputation (see Matter of Brehm, 37 AD2d 95 [4th Dept 1971]); and (vi) the customary fee charged by the Bar for similar services (see Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], aff’d 213 AD 59 [4th Dept 1925], aff’d 241 NY 593 [1925]; Matter of Freeman, 34 NY2d 1 [1974]). Ms. Gopen reports that she spent 7 hours and 12 minutes working on this appointment, including writing her 4-page report, and that her billing rate is $375 per hour. Meanwhile, Ms. Sager reports that she spent 18 hours and 40 minutes working on this appointment, including writing her 4-page report, and that her billing rate is $450 per hour. Ms. Sager’s fee request is excessive in comparison to Ms. Gopen’s request given the lack of complexity in this matter. Both GALs reviewed identical files and information. The court has reviewed of the time records, and in the interest of justice, the court will reduce the amount awarded to Ms. Sager to $2,700.00, the same amount that Ms. Gopen requested. This rate is well within the bounds of the customary fee charged for services of the nature performed by a GAL. Accordingly, Karen Goldberg Sager, Esq.’s compensation as guardian ad litem is set at $2,700.00. Dated: October 25, 2023
ESTATE OF TIN WU, a/k/a, TIN SUNG WU, Deceased (20-4153/A/B/C) — The petition by the Administrator of the Estate of TIN WU to modify the restrictions on his Letters to allow him to collect and distribute proceeds from the September 11th Victim Compensation Fund (“VCF”) on account of decedent’s personal injuries and wrongful death and to judicially settle his Account with respect to those proceeds is granted. The restrictions contained in the Letters issued to the Administrator are modified, and the Administrator is authorized to collect and distribute the proceeds and to execute the necessary receipts and releases. The award proceeds are allocated as requested in the petition and in accordance with the VCF Award Detail. The fees of petitioner’s attorney are fixed and determined as set forth in the decree. The Administrator is authorized to pay himself the sum of $25,888.00 as reimbursement for decedent’s funeral expenses. The balance of the settlement proceeds shall be distributed to decedent’s issue as requested in the petition and set forth in the decree. The account is settled, and the decree is signed. Dated: October 25, 2023
