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In the Matter of Helen C

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2003
2 A.D.3d 729 (N.Y. App. Div. 2003)

Opinion

2002-05888.

December 22, 2003.

In a guardianship proceeding pursuant to Mental Hygiene Law article 81, the guardian appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated April 16, 2002, which awarded her compensation in the amount of only $32,477.21 for the years 1994 through 2000, and awarded the sum of only $7,105.00 as legal fees for her attorney.

Margaret Ann Bomba, New York, N.Y., for appellant.

Before: SANDRA L. TOWNES and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court awarded the guardian reasonable compensation within the meaning of Mental Hygiene Law § 81.28(a) ( see generally Matter of Lindsay, 276 A.D.2d 451; Matter of Arnold O., 256 A.D.2d 764).

The Supreme Court providently exercised its discretion in its award of legal fees for the appellant's attorney ( see Ricciuti v. Lombardi, 256 A.D.2d 892). Many of the legal services performed, inter alia, were of the type customarily performed by a guardian ( see Matter of Arnold O., supra).

The appellant's remaining contentions are without merit.

RITTER, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.


Summaries of

In the Matter of Helen C

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2003
2 A.D.3d 729 (N.Y. App. Div. 2003)
Case details for

In the Matter of Helen C

Case Details

Full title:IN THE MATTER OF HELEN C. (ANONYMOUS). and PATRICIA F. (ANONYMOUS)…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 22, 2003

Citations

2 A.D.3d 729 (N.Y. App. Div. 2003)
768 N.Y.S.2d 617

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