N.Y. Surrogate's Court Procedure Act § 1106: Commissions 1

§ 1106. Commissions

1. The public administrators of Bronx, Kings, New York, Queens and

Richmond counties shall each retain over and above all necessary

expenses upon all moneys which shall come into their respective hands

the same commissions as are now or may hereafter be allowed by law to

fiduciaries under section 2307.

2. The value of any real or personal property and the increment

thereof received, disbursed or delivered shall be considered as money in

computing commissions, except where the real or personal property has

been specifically devised or bequeathed.

3. On the settlement of the account of the public administrator in

each instance, notwithstanding the provisions of subdivisions 1 and 2,

the court may allow his reasonable and necessary expenses and

disbursements and in addition, a reasonable amount for the expenses of

his office, to be fixed by the court, and not to exceed the sum allowed

in the respective offices of the public administrators as of December

31, 1992 unless prior to the proposed increase the public administrator

has notified the administrative board in writing of the amount of the

proposed increase and the reason therefor. Unless the administrative

board notifies the public administrator in writing that the proposed

increase has been approved by the board, the public administrator shall

not implement such increase. The board must pass upon the proposed

increase within sixty days of receipt of the request from the public

administrator.

4. The commissions and allowances provided for by this section may be

retained by the respective public administrators in preference to any

debts or claims except funeral expenses.

5. The public administrators of Bronx, Kings, New York, Queens and

Richmond counties shall not receive to their own use any fees or

emoluments in addition to their salaries.