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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 1108: Staff; salaries; offices Notwithstanding the provisions of any other law, appointment and removal shall be made as follows: 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 11. Public Administrators of the Counties Within the City of New York

§ 1108. Staff; salaries; offices

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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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