In re O'Leary

Appellate Division of the Supreme Court of New York

In re O'Leary

45 A.D.2d 725, 356 N.Y.S.2d 640, 1974 N.Y. App. Div. LEXIS 4768

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 10, 1974

StatusPublished

This text of 45 A.D.2d 725 (In re O'Leary) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re O'Leary, 45 A.D.2d 725, 356 N.Y.S.2d 640, 1974 N.Y. App. Div. LEXIS 4768 (N.Y. Ct. App. 1974).

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Opinion

In a proceeding to compel payment of $50,000 to petitioner for services rendered by him as an attorney-tax specialist (petitioner was appointed by an order of the Supreme Court, Kings County, dated June 30, 1969, to render such services on behalf of the incompetent person herein), petitioner' appeals from an order of the Supreme Court, Kings County, entered September 18, 1973, which fixed the amount of the compensation to be paid at $3,500. Order modified, on the facts, by changing the amount of the compensation to $30,000. As so modified, order affirmed, without costs. It is undisputed that appellant rendered services which were “ expert ” in every sense of the word and he should be compensated accordingly (see [726]*726Matter of Potts, 213 App. Div. 59). By his expertise he saved the committee a substantial sum in taxes and he rendered services over an extended period of time to accomplish the result. Gulotta, P. J., Latham, Cohalan, Benjamin and Munder, JJ., concur.

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In a proceeding to compel payment of $50,000 to petitioner for services rendered by him as an attorney-tax specialist (petitioner was appointed by an order of the Supreme Court, Kings County, dated June 30, 1969, to render such services on behalf of the incompetent person herein), petitioner' appeals from an order of the Supreme Court, Kings County, entered September 18, 1973, which fixed the amount of the compensation to be paid at $3,500. Order modified, on the facts, by changing the amount of the compensation to $30,000. As so modified, order affirmed, without costs. It is undisputed that appellant rendered services which were “ expert ” in every sense of the word and he should be compensated accordingly (see [726]*726Matter of Potts, 213 App. Div. 59). By his expertise he saved the committee a substantial sum in taxes and he rendered services over an extended period of time to accomplish the result. Gulotta, P. J., Latham, Cohalan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 725, 356 N.Y.S.2d 640, 1974 N.Y. App. Div. LEXIS 4768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-oleary-nyappdiv-1974.

Opinion

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