Opinion
February 22, 1994
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the appeal from the order dated December 17, 1991 is dismissed, without costs or disbursements; and it is further,
Ordered that the order dated April 19, 1991, is reversed insofar as appealed from, on the law, without costs or disbursements; and it is further,
Ordered that the guardian ad litem shall be paid out of the funds of the conservatee.
No appeal lies from an order denying resettlement of a decretal paragraph of a prior order (see, Chase v. Willis, 199 A.D.2d 455; Blume v. Blume, 124 A.D.2d 771).
We agree with the appellant's contention that under Mental Hygiene Law § 77.07 (d) an allowance for the guardian ad litem of a proposed conservatee is to be paid out of the funds of the conservatee and not by the attorney for the conservator.
In light of the foregoing determination, we do not reach the appellant's alternate contention that prior counsel for the conservator should also contribute to the allowance for the guardian ad litem. Balletta, J.P., Santucci, Krausman and Florio, JJ., concur.