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In the Matter of VIVIAN STELLIS, Deceased. JOANNE LEYDEN et al., Respondents; STEPHAN B. GLEICH ASSOCIATES, Appellant.

Ordered that the decree is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs payable by the nonparty-appellant.

It is well established that "the Surrogate bears the ultimate responsibility to decide what constitutes reasonable legal compensation" (Matter of Verplanck, 151 A.D.2d 767; see also, Matter of Stortecky v. Mazzone, 85 N.Y.2d 518; Matter of Phelan, 173 A.D.2d 621). The award of legal fees in the sum of $38,500 was not an improvident exercise of discretion. No hard and fast rule exists by which it can be determined what is reasonable compensation for an attorney in any given case (see, Matter of Bobeck, 196 A.D.2d 496). A court, however, may consider a number of factors including the time spent, the difficulties involved, the nature of the services, the amount involved, and the results obtained (see, Matter of Bobeck, supra). Moreover, a Surrogate is not bound by the attorney's summary of the hours expended working on legal matters (see, Matter of Bobeck, supra). Copertino, J.P., Santucci, Altman and Krausman, JJ., concur.

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MATTER OF STELLIS
(Jun 19, 1995)