Surrogate Nora Anderson


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Special Referee Levine requested a modification of the court’s prior order fixing his compensation for services rendered. Levine sought a specification of how payment was to be allocated amongst the parties. The still pending underlying proceeding initiated by the trust’s grantor­ sought a surcharge against a removed fiduciary for allegedly damaging conduct occurring during the time she served as trustee. The court fixed Levine’s compensation for services provided, but that order did not specify how a payment was to be allocated, and while the parties did not take a position regarding the instant motion, Levine stated petitioner took the position that respondent should be completely responsible for payment of the compensation award, and respondent argued the trust should bear the expense. In earlier related proceedings referred to Levine, agreements were reached as to which trusts were responsible for his compensation, but no such agreement was reached herein. The court stated Levine should not have to wait until a final accounting of the trust to be compensated for the substantial services rendered to date. Thus, it stated, consistent with past patterns of allocation, the order was modified directing compensation be paid from the trust involved in this litigation.