Summary
interpreting N.Y. Surr. Ct. Proc. Act § 2110
Summary of this case from McGrath v. Toys "R" Us, Inc.Opinion
December 29, 1993
Appeal from the Supreme Court, Onondaga County, Murphy, J.
Present — Callahan, J.P., Pine, Fallon, Doerr and Davis, JJ.
Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: The court abused its discretion in fixing the fee of the attorney for the conservatee at a total amount of $1,270,809. Based on the totality of the representation, including the result obtained, the time expended, and the attorney's standing in the legal community, we conclude that the amount awarded was not "`reasonable in relation to the results obtained'" (Becker v Empire of Am. Fed. Sav. Bank, 177 A.D.2d 958, 959, quoting Hensley v Eckerhart, 461 U.S. 429, 440; see, National Fuel Gas Supply Corp. v Cunningham Natural Gas Corp., 191 A.D.2d 1003, 1004; Burke v Crosson, 191 A.D.2d 998, 999). We modify the order to award the attorney for the conservatee $1.5 million (see generally, Northern Westchester Professional Park Assocs. v Town of Bedford, 60 N.Y.2d 492, 499; Matter of Kirisits v State of New York, 107 A.D.2d 156, 160). We note that it was the amount that was agreed to by all parties in the application for approval by the court.