Raymond Fowler, the court‑appointed administrator of Jarrel Raymond Garris’s estate, has asked Westchester County Surrogate’s Court to step in and scrutinize how a $300,000 wrongful‑death settlement with the City of New Rochelle is being handled. Fowler’s petition challenges attorney fees, seeks reimbursement of funeral expenses and asks the court to decide whether he knowingly waived statutory fiduciary commissions. It is the latest development in a months‑long dispute over how the settlement is divided and what it costs to get there.
Judge's implementing order and redistribution
In late April a county Supreme Court implementing order directed the defendants to release the settlement funds, splitting $200,000 to the estate (for the decedent’s infant distributee) and $50,000 each to Fowler and to Garris’s mother, Janet. The order laid out the net amounts after legal fees. According to Talk of the Sound, the Wagstaff firm’s fee award and a portion of the estate’s share were deposited in a restricted account while Surrogate’s Court takes a closer look. That April 23 implementing order is what shifted the fight from Supreme Court to Surrogate's Court.
Why the Surrogate's Court matters
Surrogate’s Court is the New York forum that reviews infant compromises, signs off on distributions from estate funds and sets attorney or fiduciary compensation. The Westchester Surrogate’s Court handles estate administration in this region and can dictate how settlement money for a minor is protected and released over time. The Westchester County Surrogate's Court website lists Hon. Brandon R. Sall as the Surrogate assigned to these matters.
The petition and what Fowler wants
Fowler’s verified petition, filed May 12 under File No. 2023‑3100/B and signed May 7 in Raleigh, N.C., asks the Surrogate to review whether the attorney fees are reasonable, determine if he actually waived his right to commissions under SCPA §2307, approve repayment of funeral expenses, and finalize the distribution to the infant beneficiary. Because Fowler now lives in Raleigh, the filing also asks for permission to appear virtually, and court records reflect additional clerk entries in late May. These details are laid out in filings reviewed by Talk of the Sound.
How executor commissions and fee reviews work
Under SCPA §2307, New York law entitles an administrator or executor to statutory commissions unless those rights are knowingly waived, and Surrogate’s Courts routinely examine whether commissions and attorney fees are reasonable before they let money leave the estate. The statute uses a tiered percentage schedule to calculate commissions, and Westchester probate resources explain how that sliding scale works in practice. For a plain‑English overview of those statutory commissions and local practice, see a Westchester probate guide such as Morgan Legal.
The shooting behind the case
The civil fight traces back to the July 3, 2023, New Rochelle police shooting that left Jarrel Garris gravely injured. He was later declared brain‑dead, and life support was removed on July 10, 2023. The New York Attorney General’s Office of Special Investigation reviewed the encounter and concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that an officer’s use of force was justified. Coverage of the incident and its aftermath appeared in outlets including CBS New York and in the Attorney General’s public report (Attorney General's report).
What to watch next
Surrogate’s judges have broad power to set attorney fees and to decide whether legal costs come out of the estate as a whole or from particular shares. In contested cases they often demand billing records and retainer agreements, and they can hold an evidentiary hearing to sort it all out. Past Surrogate’s Court decisions show that judges can shift fee responsibility or even require fiduciaries to repay expenses if they find misconduct or conflicts, so the next phase could involve a close review of the Wagstaff firm’s time records and retainer. For a window into how Surrogate’s Courts handle these kinds of fee disputes, see a representative opinion like Matter of Poletto.
The estate remains open while Westchester Surrogate’s Court weighs the competing claims. Upcoming filings and any scheduled appearances before Surrogate Sall will determine whether the April distribution stays in place or whether the judge orders more detailed accountings and a full hearing on the fees and commissions.
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