Skip to main content

New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1108. Staff;  salaries;  offices

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Notwithstanding the provisions of any other law, appointment and removal shall be made as follows:

1. Assistants and employees.

(a) The public administrators of the counties of the city of New York are hereby vested with the power to appoint and remove such other employees as may be allowed annually in the budget of the city of New York.

(b) The salaries above provided shall be included annually in the budget of the city of New York.

2. Counsel.

(a) In the counties of the city of New York, the court may appoint one or more counsels to the public administrator.

(b) The reasonable compensation of counsel so appointed shall be paid from the respective estates in which legal services are rendered and may be paid as provided in EPTL 11-1.1(b) (22) and the city of New York shall not be required to include in its expense budget any compensation for such counsel.

(c) Any legal fees allowed by the court pursuant to paragraph (b) of this subdivision shall be supported by an affidavit of legal services setting forth in detail the services rendered, the time spent, and the method or basis by which requested compensation was determined.  In fixing the legal fees, the court shall consider the time and labor required, the difficulty of the questions involved, the skill required to handle the problems presented, the lawyer's experience, ability and reputation, the amount involved and benefit resulting to the estate from the services, the customary fee charged by the bar for similar services, the contingency or certainty of compensation, the results obtained, and the responsibility involved.

3. Offices.

(a) Suitable offices for the public administrators of Bronx, Kings, Queens and Richmond counties shall be provided by the appropriate fiscal authority in one of the county buildings of such counties, respectively, provided however that in Richmond county such office may be provided in buildings other than a county building.

4. The office of public administrator of Bronx county shall be deemed a civil division within the meaning of section 45 of the civil service law.

Cite this article: - New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1108. Staff;  salaries;  offices - last updated January 01, 2021 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard