N.Y. Surrogate's Court Procedure Act § 2110: Compensation of attorneys 1

§ 2110. Compensation of attorneys

1. At any time during the administration of an estate and irrespective

of the pendency of a particular proceeding, the court is authorized to

fix and determine the compensation of an attorney for services rendered

to a fiduciary or to a devisee, legatee, distributee or any person

interested or of an attorney who has rendered legal services in

connection with the performance of his duties as a fiduciary or in

proceedings to compel the delivery of papers or funds in the hands of an

attorney.

2. The proceeding shall be instituted by petition of a fiduciary of

the estate or a person interested or an attorney who has rendered

services. The court may direct payment therefor from the estate

generally or from the funds in the hands of the fiduciary belonging to

any legatee, devisee, distributee or person interested.

3. In any event that any such attorney has already received or been

paid an amount in excess of the fair value of his services as thus

determined the court is authorized to direct him to refund the excess.

4. In any proceeding under this act or the estates, powers and trusts

law in which the court determines the compensation of an attorney, the

court shall consider the time and value of services performed by a

person who is not an attorney, provided such services are performed

under the supervision of an attorney and would, if performed by an

attorney, be considered by the court in determining the attorney's

compensation.