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MATTER OF GOLDSTEIN v. ZABEL

91812/13, 2076N, 2075N.

146 A.D.3d 624 (2017)

2017 NY Slip Op 00426

45 N.Y.S.3d 432

In the Matter of MARK S. GOLDSTEIN, Nonparty Appellant, v. WILLIAM D. ZABEL, Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2017.

This appeal calls upon us to consider the relationship between the Surrogate's Court Procedure Act and article 81 of the Mental Hygiene Law where the order and judgment originally appointing a guardian in an article 81 proceeding directs that the guardian "shall" be compensated in accordance with the guidelines set forth in SCPA 2307. We find that when the motion court awarded a final fee, it appropriately considered whether application...

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