ADDITIONAL CASES Accounting by Deborah Komarow, as Co-Executor of the Estate of Susan Komarow, Deceased; 2003-3104/A Accounting by Richard S. Komarow and Bruce A. Komarow, as Co-Executors of the Estate of Susan Komarow, Deceased; 2003-3104/B DECISION and ORDER This is a proceeding by Mario Biaggi, Esq. (Biaggi), pursuant to SCPA 2110, to fix his legal fees for services rendered to Deborah Komarow, one of three co-executors of the estate of Susan Komarow, and to pay those fees from the estate (File No. 2003-3104/E). The other two co-executors, Richard Komarow and Bruce Komarow (Respondents) filed verified objections to the relief requested. Decedent died on December 29, 2002, survived by Deborah and Respondents (her children). In her will, admitted to probate on September 5, 2003, decedent left the bulk of her estate in equal shares to her children either outright or in trust. Letters Testamentary issued to them as nominated executors on September 5, 2003. The estate is valued at approximately $1.4 million. After the issuance of letters to Deborah and Respondents, litigation between the siblings ensued. In addition to the instant proceeding, there are four contested proceedings before the court: (1) Deborah’s voluntary accounting (File No. 2003-3104/A), (2) Respondents’ voluntary accounting (File No. 2003-3104/B), 3) Respondents’ Turnover proceeding (SCPA 2103) concerning photographs in Deborah’s possession which are alleged to be estate property, and 4) Respondents’ reverse Turnover proceeding (SCPA 2105) concerning photographs that they claim decedent gave them during her lifetime which Deborah, as co-executor, is allegedly withholding. As a result of the litigation noted above, Deborah hired her own lawyers to represent her in her capacity as co-executor. The record reflects that over the course of the estate’s administration Deborah has been represented by at least six attorneys, including Biaggi who was retained by Deborah in December 2011. In June 2012, Deborah, represented by Biaggi, filed a petition requesting, among other things, that the court fix the legal fees of the various attorneys who had previously represented her as co-executor, and direct that her co-executors (Respondents) reimburse her from their distributive share the amounts she had paid such attorneys (in excess of $177,000). In a Decision and Order dated August 1, 2012, the court denied this relief, without prejudice, stating that it was “more appropriately raised in the pending accounting proceedings.” In the instant petition, Biaggi does not address the court’s prior ruling let alone offer a compelling reason why the court should change course and fix his legal fee outside of the pending accounting proceedings where the fees of all of the attorneys who have represented the co-executors over the years can be assessed together. Under the circumstances, the court denies the relief requested, without prejudice. The fixation of the legal fees of Biaggi and the other attorneys who provided services to the co-executors remains an issue more appropriately raised in the pending accountings. The court notes that, with the passage of time, these accounting proceedings are now out of date. Respondents and Deborah are thus directed to supplement their respective accounts to bring them up to date and to amend their accountings and petitions accordingly within 95 days of the date of this decision (see SCPA 2205). If citation is required, they shall cause such citation to issue and service to be made, without undue delay, on all persons interested in the respective accounting proceedings pursuant to SCPA 2110. This decision constitutes the order of the court. The clerk is directed to mail a copy of this decision to the parties. Dated: October 11, 2024
