Opinion
2939.
Decided March 30, 2004.
Order, Supreme Court, New York County (William Davis, J.), entered on or about November 6, 2002, which, to the extent appealed from as limited by the brief, denied the application of Steven T. Rondos, Esq., Co-Guardian of the person and property of Elise Verdejo, for legal fees in connection with the preparation of the 2000 Annual Account of the Estate of Elise Verdejo, an incapacitated person, unanimously reversed, on the law, without costs, to the extent of remanding the matter to Supreme Court for a statement of its reasons for the denial of the fee award.
Steven T. Rondos, Appellant.
Pro Se.
Before: Buckley, P.J., Nardelli, Sullivan, Lerner, JJ.
Supreme Court has broad discretion in determining the reasonable amount of attorneys' fees to be awarded in a guardianship proceeding and, absent the abuse of that discretion, the court's determination will be upheld ( see Matter of Tijuana M., 303 A.D.2d 681; Matter of Mavis L., 285 A.D.2d 509). Supreme Court must ascertain whether the fee requested is necessary, fair and reasonable ( see Matter of Linda R., 304 A.D.2d 832; Matter of Castano, 248 A.D.2d 382) and, in order to permit a proper appellate review, it must "`provide a concise but clear explanation of its reasons for the fees award,'" or the lack thereof ( Ricciuti v. Lombardi, 256 A.D.2d 892, 893; quoting Hensley v. Eckerhart, 461 U.S. 424, 437).
Supreme Court herein failed to delineate the grounds which formed the basis of its decision and, as a result, we remand the matter to Supreme Court for a statement of its reasons for the denial of the application for attorneys' fees.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.