2006 New York Code - Salary; Commissions; Retention Of Commissions

 
  § 1207. Salary; commissions; retention of commissions
    1.    Except as herein provided the public administrator shall receive
  an annual salary to be fixed by the board of supervisors of  his  county
  for the administration of all estates.
    2.    The  public  administrator  of the counties of Erie and Onondaga
  shall be entitled to retain from all moneys or property which come  into
  his  hands,  after  deducting all reasonable and necessary expenses, the
  same commissions as are now allowed by law to a fiduciary other  than  a
  trustee.    If  he be a licensed attorney-at-law he shall receive as his
  compensation, in addition to his commissions, the legal fees as attorney
  for the estate as  may  be  allowed  by  the  court  together  with  his
  reasonable  and  necessary  expenses  and disbursements which shall be a
  charge against the estate in each instance.
    3.  The public administrator of the county of Monroe, if he be a  duly
  licensed  attorney-at-law shall receive no salary and may act as his own
  counsel and shall receive as his compensation such  legal  fees  as  the
  attorney  of the estate as may be allowed by the court together with his
  reasonable and necessary expenses and disbursements  which  shall  be  a
  charge  against  the  estate  in  each instance.   If he shall not be an
  attorney-at-law  he  shall  be  compensated  as  is  provided   for   in
  subdivision 1.
    4.    On  the settlement of the account of the public administrator in
  each instance, except as provided in subdivisions 2 and 3 the court  may
  allow  his  reasonable  and  necessary expenses and disbursements and in
  addition, in the counties of Erie, Monroe, Nassau, Onondaga, Suffolk and
  Westchester, a reasonable amount for the expenses of his office,  to  be
  fixed by the court.  In addition thereto he shall be entitled to receive
  commissions on all moneys or property of any decedent or the proceeds of
  a  cause  of  action for wrongful death which may come into his hands as
  provided for a fiduciary other than a trustee.
    5.  Except as hereinabove provided the public administrator shall  not
  receive  to  his  own use any remuneration in addition to his salary for
  his services and he shall  pay  to  the  treasurer  of  his  county  all
  commissions  and  costs  received  by him.   Such payments shall be made
  monthly and shall be accompanied by a sworn statement in  such  form  as
  the  comptroller  of  his  county  shall prescribe showing in detail the
  commissions and costs received and allowed to him.