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MATTER OF DOWD v. PINTO

49 A.D.3d 264 (2008)

852 N.Y.S.2d 756

In the Matter of PATRICIA DOWD, as Administratrix of the Estate of CARLOS PINTO, Deceased, Appellant, v. LUISA PINTO, Respondent and Third-Party Petitioner-Respondent. MARIO PINTO, Third-Party Respondent-Appellant.

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

Decided March 4, 2008.

Although it is well settled that the determination of a guardian's fee (SCPA 405 [1]) is within the sound discretion of the Surrogate (Matter of Hassett, 47 A.D.2d 569, 570 [1975]), the brief and conclusory decision herein lacks any indication as to the factors considered by the Surrogate and the weight given to each (Matter of Burk, 6 A.D.2d 429

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