Vavonese v. Daniel

—Order unanimously affirmed with costs. Memorandum: Petitioner, administrator of the estate of Ivit J. Daniel, also known as Evette J. Daniel (decedent), commenced this proceeding to obtain judicial approval of a contingent fee for legal services rendered to decedent’s estate. Petitioner sought to recover 40% of the funds paid to the estate following the settlement of litigation arising from disputed claims to the proceeds of a life insurance policy covering decedent. “The determination of reasonable counsel fees is a matter within the sound discretion of the trial court and, absent abuse, that court’s determination should be upheld” (Shrauger v Shrauger, 146 AD2d 955 , 956, appeal dismissed 74 NY2d 844 , mot to vacate denied 74 NY2d 917 ). Supreme Court did not abuse its discretion in fixing the amount of petitioner’s compensation based upon quantum meruit rather than a percentage of the settlement amount. (Appeal