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Matter of Mullen

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 669 (N.Y. App. Div. 1997)

Opinion

June 23, 1997

Appeal from the Supreme Court, Queens County (LaFauci, J.H.O.).


Ordered that the judgment is modified, on the law, by reducing the award of attorney's fees to be paid to the respondent Gerald Linnane in the fourth decretal paragraph thereof from $16,085.50 to $7,083.50; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

We find no basis to disturb the awards made to the conservatee's guardian ad litem and to Charles Rubano and Longo Cheng, who performed work for the benefit of the conservatee or her estate ( see, Matter of Preeman, 34 N.Y.2d 1; Matter of Ault, 164 Misc.2d 272).

However, the award to Gerald Linnane of $16,085.50 for legal fees paid to the Alabama law firm of Foster Curreton is not supported by the record. We note that the amount sought by the respondent Linnane as reimbursement for such fees was $7,083.50.

Accordingly, the judgment is modified by reducing the award to Gerald Linnane of attorney's fees payable to Foster Curreton from $16,085.50 to $7,083.50.

The appellant's remaining contentions are without merit.

Joy, J.P., Goldstein, Florio and McGinity, JJ., concur.


Summaries of

Matter of Mullen

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 669 (N.Y. App. Div. 1997)
Case details for

Matter of Mullen

Case Details

Full title:In the Matter of the Conservatorship of ELIZABETH MULLEN. THOMAS MULLEN…

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

Date published: Jun 23, 1997

Citations

240 A.D.2d 669 (N.Y. App. Div. 1997)