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MATTER OF SCHNEIDER v. ENGELMAYER

49 A.D.3d 348 (2008)

852 N.Y.S.2d 769

In the Matter of MARILYN SCHNEIDER, Respondent, v. ROSLYN ENGELMAYER, Appellant.

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

Decided March 13, 2008.

Respondent should not have to pay any part of the evaluator's fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner's claim of incapacity, lacks the required "specific factual allegations" of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 A.D.2d 281

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