STATE EX REL. LEHMAN v. LEHMAN


125 A.D.2d 202 (1986)

State of New York ex rel. Robert O. Lehman, on Behalf of Jason C. Lehman, Petitioner, v. Cynthia H. Lehman, Respondent Robert O. Lehman, Appellant, v. Sirgay Sanger, Respondent

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

December 9, 1986


Carro and Kassal, JJ., dissent in a memorandum by Kassal, J., as follows:

We are confronted with the issue of whether any compensation should be bestowed upon an expert appointed to assist the court who, in the midst of such service, is guilty of malfeasance in that he became a partisan and advocate for one of the parties. Should he receive a fee for the services he rendered up until such point or should he be deemed to have forfeited his entire fee?

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