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MATTER OF NEW YORK STATE URBAN DEV. CORP

Appellate Division of the Supreme Court of New York, First Department.
May 25, 1995

We agree with the Special Referee that petitioner was discharged without cause. There is no evidence of any statements of dissatisfaction with counsel's efforts prior to the date of discharge, respondents' testimony at the hearing being conclusory and unsupported. We note that respondents, by their own conduct, prevented the filing of the notice of claim by petitioner. We do find, however, from the evidence before us that the fee awarded by the Referee was excessive and that $20,000 is a more appropriate figure to compensate petitioner for his time and effort.

Concur — Murphy, P.J., Rubin, Tom and Mazzarelli, JJ.