Legislation
SECTION 1108
Staff; salaries; offices Notwithstanding the provisions of any other law, appointment and removal shall be made as follows: 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 11
§ 1108. Staff; salaries; offices
Notwithstanding the provisions of any other law, appointment and
removal shall be made as follows:
1. Assistants and employees.
(a) The public administrators of the counties of the city of New York
are hereby vested with the power to appoint and remove such other
employees as may be allowed annually in the budget of the city of New
York.
(b) The salaries above provided shall be included annually in the
budget of the city of New York.
2. Counsel.
(a) In the counties of the city of New York, the court may appoint one
or more counsels to the public administrator.
(b) The reasonable compensation of counsel so appointed shall be paid
from the respective estates in which legal services are rendered and may
be paid as provided in EPTL 11-1.1(b) (22) and the city of New York
shall not be required to include in its expense budget any compensation
for such counsel.
(c) Any legal fees allowed by the court pursuant to paragraph (b) of
this subdivision shall be supported by an affidavit of legal services
setting forth in detail the services rendered, the time spent, and the
method or basis by which requested compensation was determined. In
fixing the legal fees, the court shall consider the time and labor
required, the difficulty of the questions involved, the skill required
to handle the problems presented, the lawyer's experience, ability and
reputation, the amount involved and benefit resulting to the estate from
the services, the customary fee charged by the bar for similar services,
the contingency or certainty of compensation, the results obtained, and
the responsibility involved.
3. Offices.
(a) Suitable offices for the public administrators of Bronx, Kings,
Queens and Richmond counties shall be provided by the appropriate fiscal
authority in one of the county buildings of such counties, respectively,
provided however that in Richmond county such office may be provided in
buildings other than a county building.
4. The office of public administrator of Bronx county shall be deemed
a civil division within the meaning of section 45 of the civil service
law.
Notwithstanding the provisions of any other law, appointment and
removal shall be made as follows:
1. Assistants and employees.
(a) The public administrators of the counties of the city of New York
are hereby vested with the power to appoint and remove such other
employees as may be allowed annually in the budget of the city of New
York.
(b) The salaries above provided shall be included annually in the
budget of the city of New York.
2. Counsel.
(a) In the counties of the city of New York, the court may appoint one
or more counsels to the public administrator.
(b) The reasonable compensation of counsel so appointed shall be paid
from the respective estates in which legal services are rendered and may
be paid as provided in EPTL 11-1.1(b) (22) and the city of New York
shall not be required to include in its expense budget any compensation
for such counsel.
(c) Any legal fees allowed by the court pursuant to paragraph (b) of
this subdivision shall be supported by an affidavit of legal services
setting forth in detail the services rendered, the time spent, and the
method or basis by which requested compensation was determined. In
fixing the legal fees, the court shall consider the time and labor
required, the difficulty of the questions involved, the skill required
to handle the problems presented, the lawyer's experience, ability and
reputation, the amount involved and benefit resulting to the estate from
the services, the customary fee charged by the bar for similar services,
the contingency or certainty of compensation, the results obtained, and
the responsibility involved.
3. Offices.
(a) Suitable offices for the public administrators of Bronx, Kings,
Queens and Richmond counties shall be provided by the appropriate fiscal
authority in one of the county buildings of such counties, respectively,
provided however that in Richmond county such office may be provided in
buildings other than a county building.
4. The office of public administrator of Bronx county shall be deemed
a civil division within the meaning of section 45 of the civil service
law.