Opinion
April 25, 1991
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
The direction that the fee of the guardian ad litem in this conservatorship proceeding be paid by the Department of Social Services was contrary to the provisions of Mental Hygiene Law § 77.07 (d), which requires that the fee be paid out of the funds of the conservatee where the petition is granted. The fact that the Commissioner of the Department of Social Services has, in the past, voluntarily undertaken to pay the fees of guardians ad litem to the extent of $375 (recently increased to $400), where the proposed conservatee is indigent does not require him to do so absent an express provision of law.
Concur — Murphy, P.J., Milonas, Ellerin, Wallach and Kassal, JJ.