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IN THE MATTER OF CURRAN

10 A.D.3d 285 (2004)

781 N.Y.S.2d 334

In the Matter of MARY ANN CURRAN, Respondent, for the Appointment of a Guardian of the Property of LINDA SALVATI, an Alleged Incapacitated Person, Respondent. GEORGE J. McCORMACK, Appellant.

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

Decided August 12, 2004.

In denying Mr. McCormack's fee application, the motion court found that, while his efforts may well have been honorably intended, no benefits flowed to the guardianship estate. The court noted that Mr. McCormack appeared later in the proceedings, objected to the settlement of this matter, and forced the estate to incur further expense. However, it is undisputed that Mr. McCormack was not an officious interloper, but the preliminary executor of the estate of Linda Salvati...

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