Decision & Orders signed on: May 7, 2024 Surrogate Gingold
ESTATE OF BYRON E. CARSON, Deceased (19-3211) — In this probate proceeding the Public Administrator of New York County was a statutory party and the legal fees for Steven R. Finkelstein, as counsel for the Public Administrator needs to be fixed by the court. In determining reasonable compensation for legal services rendered 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]). Counsel reports that he spent 146.05 hours working on this matter, including, but not limited to, actively participating in discovery and successfully mediating a settlement. After review of the time records, the court will allow the 146.05 hours of time at an hourly rate of $450 per hour, a rate well within the bounds of the customary fee charged for services of the nature performed by counsel. The court notes that this rate reflects the benefit to the estate that counsel achieved by helping mediate a settlement. Accordingly, Steven R. Finkelstein, Esq.’s compensation as counsel to the Public Administrator of New York County is set at $65,722.50. The clerk of the court shall email a copy of this decision and order to the parties at the address at the foot hereof. Dated: May 3, 2024
