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New York County, Surrogate's Court: June 6, 2024

Decision and Orders signed:May 31 - June 3, 2024

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Surrogate Gingold

ESTATE OF DAVID M. SOLINGER, Deceased (96-4585/C) — In this proceeding to appoint trustees, the court appointed Steven B. Shapiro, Esq., as guardian ad litem (hereinafter “GAL”) to protect the interests of Alexander B.P. Stern, an infant over 14 years old; Caroline E. Stern, an infant over 14 years old; and Beatrice H. Stern, an infant under 14 years old. In determining reasonable compensation for legal services rendered by the 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]). GAL reports that he spent 6 billable hours working on this appointment, including writing his report, and that his billing rate is $600 per hour. The billing rate seems excessive given the lack of complexity in this matter. After review of the time records, the court will allow the 6 hours of time but will reduce the hourly rate awarded to $400 per hour, a rate well within the bounds of the customary fee charged for services of the nature performed by GAL. Accordingly, Steven B. Shapiro, Esq.’s compensation as guardian ad litem is set at $2,400.00. Dated: May 31, 2024

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