Opinion
June 8, 1987
Appeal from the Surrogate's Court, Queens County (Laurino, S.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Under the circumstances of this case, the court did not abuse its discretion in sua sponte reducing the legal fees charged by the appellant and directing repayment to the estate of excess legal fees received by him (see, SCPA 2110, 2307; Matter of Hertz, 128 A.D.2d 780; Matter of Moody, 125 A.D.2d 673; Matter of Schaich, 55 A.D.2d 914, lv denied 42 N.Y.2d 802). Mollen, P.J., Bracken, Niehoff and Lawrence, JJ., concur.