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This entry was published on 2014-09-22
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Commissions 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 11
§ 1106. Commissions

1. The public administrators of Bronx, Kings, New York, Queens and
Richmond counties shall each retain over and above all necessary
expenses upon all moneys which shall come into their respective hands
the same commissions as are now or may hereafter be allowed by law to
fiduciaries under section 2307.

2. The value of any real or personal property and the increment
thereof received, disbursed or delivered shall be considered as money in
computing commissions, except where the real or personal property has
been specifically devised or bequeathed.

3. On the settlement of the account of the public administrator in
each instance, notwithstanding the provisions of subdivisions 1 and 2,
the court may allow his reasonable and necessary expenses and
disbursements and in addition, a reasonable amount for the expenses of
his office, to be fixed by the court, and not to exceed the sum allowed
in the respective offices of the public administrators as of December
31, 1992 unless prior to the proposed increase the public administrator
has notified the administrative board in writing of the amount of the
proposed increase and the reason therefor. Unless the administrative
board notifies the public administrator in writing that the proposed
increase has been approved by the board, the public administrator shall
not implement such increase. The board must pass upon the proposed
increase within sixty days of receipt of the request from the public

4. The commissions and allowances provided for by this section may be
retained by the respective public administrators in preference to any
debts or claims except funeral expenses.

5. The public administrators of Bronx, Kings, New York, Queens and
Richmond counties shall not receive to their own use any fees or
emoluments in addition to their salaries.