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MATTER OF SIMONE-SMITH v. EDWINN

204 A.D.2d 210 (1994)

612 N.Y.S.2d 135

In the Matter of Ingrid Simone-Smith, Petitioner, v. Eugene P. Edwinn et al., Respondents. Julian Kaplan, Nonparty Appellant; Leon D. Schneider, as Guardian ad Litem, Nonparty Respondent

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

May 24, 1994

It was within the discretion of the IAS Court to direct petitioner's attorney to pay the guardian ad litem an additional fee (CPLR 1204), where the court found that petitioner's attorney, after agreeing to the payment of the guardian ad litem out of the Chemical Bank proceeds, then submitted an ex parte "counter proposed order" to deny such payment (which was rejected), following which he filed an appeal that was never perfected...

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