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O'Day v. Maggipinto

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 583 (N.Y. App. Div. 1996)

Opinion

July 29, 1996

Appeal from the Supreme Court, Kings County (Leone, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On August 20, 1991, the Supreme Court, Kings County, appointed Marie O'Day as Guardian, or "Committee" of the person and property of Amelia G., an incompetent person. In the Order of Appointment, the court provided, inter alia: "ORDERED that the said Committee is authorized to pay out of the funds of the Incompetent, such fees and disbursements of attorneys, the guardian ad litem, and the doctor as will hereinafter be fixed by the Court". Notwithstanding this order, the appellant, an attorney, billed the Guardian directly for $8,984.04 in fees for professional services allegedly rendered, over and above the $5,338.40 that the court had authorized the Estate to pay him in an order dated May 29, 1992. The court therefore did not err in directing the attorney to return the improperly-billed funds to the Estate. Bracken, J.P., Miller, Copertino and Krausman, JJ., concur.


Summaries of

O'Day v. Maggipinto

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 583 (N.Y. App. Div. 1996)
Case details for

O'Day v. Maggipinto

Case Details

Full title:In the Matter of MARIE O'DAY. V. ANTHONY MAGGIPINTO, Appellant

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

Date published: Jul 29, 1996

Citations

229 A.D.2d 583 (N.Y. App. Div. 1996)
646 N.Y.S.2d 152