Summary
In Matter of Ruth Q. (23 AD3d 479 [2nd Dept 2005]), the court ruled that Article 81 of the Mental Hygiene Law does not authorize an award of attorneys' fees to a respondent who opposed a petition for the appointment of a guardian for an alleged incapacitated person.
Summary of this case from MATTER OF ASTOROpinion
2004-02815, 2004-02818.
November 14, 2005.
In two related proceedings pursuant to Mental Hygiene Law article 81 to appoint legal guardians for the persons and property of Ruth Q. and Hyman Q., respectively, alleged incapacitated persons, Judith B. appeals, as limited by her brief, from so much of two orders of the Supreme Court, Queens County (Taylor, J.), dated January 23, 2004, and February 11, 2004, respectively, as, in effect, denied her application for an award of an attorney's fee.
Robinson Brog Leinwand Greene Genovese Gluck, P.C., New York, N.Y. (Philip T. Simpson of counsel), for appellant.
Warren S. Hecht, Forest Hills, N.Y., for petitioner-respondent.
Mental Hygiene Legal Service, Mineola, N.Y. (Sidney Hirschfeld, Lisa Volpe, and Dennis B. Feld of counsel), for Ruth Q. (Anonymous).
Before: Crane, J.P., Santucci, Mastro and Dillon, JJ., concur.
Ordered that on the Court's own motion, the notices of appeal are treated as applications for leave to appeal, and leave to appeal is granted ( see CPLR 5701 [c]); and it is further,
Ordered that the orders are affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the petitioner-respondent, payable by the appellant.
The denial, in effect, of the appellant's application for an award of an attorney's fee was proper. Mental Hygiene Law article 81 does not authorize an award of an attorney's fee for services rendered in opposing a petition for the appointment of a guardian for the person and property of alleged incapacitated persons ( cf. Mental Hygiene Law § 81.16 [f]).