Opinion
May 27, 1997
Appeal from the Supreme Court, Westchester County (Barone, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which directed the appellant to pay the Law Guardian $5,425; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a hearing in accordance herewith.
The appellant demanded a hearing with respect to the reasonableness of the Law Guardian's fees. Under the circumstances of this case, that issue cannot be determined without a hearing ( see, e.g., Kelly v. Kelly, 223 A.D.2d 625). However, since the appellant failed to make any financial disclosure to the court, she was properly denied a hearing as to her ability to pay ( see, Miller-Glass v. Glass, 237 A.D.2d 723; Mockler v. Mockler, 205 A.D.2d 510).
We decline to review the question of whether the appellant was properly directed to turn over her medical records, since that relief was granted in prior orders from which no appeal was taken ( see, Damen v. North Shore Univ. Hosp., 234 A.D.2d 255; Haibi v. Haibi, 171 A.D.2d 842) or from which the appeal taken by the appellant was dismissed for failure to prosecute ( see, Bray v. Cox, 38 N.Y.2d 350, 355).
We find no merit to the appellant's remaining contention.
O'Brien, J.P., Goldstein, McGinity and Luciano, JJ., concur.