MATTER OF GEER


234 A.D.2d 939 (1996)

652 N.Y.S.2d 171

In the Matter of Jessie M. Geer. Linda Bettner et al., Appellants-Respondents; Marilyn Smith et al., Respondents-Appellants. (Appeal No. 2.)

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

December 30, 1996


Amended order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court lacked authority to direct respondents to pay a portion of the court evaluator's allowance awarded by the court. Pursuant to Mental Hygiene Law § 81.09 (f), where, as here, the petition seeking the appointment of a guardian pursuant to article 81 of the Mental Hygiene...

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