MATTER OF NELLIE G.

2009-02815, (Index No. 16195/05).

74 A.D.3d 1065 (2010)

903 N.Y.S.2d 494

In the Matter of NELLIE G., an Alleged Incapacitated Person. NEW YORK CITY HEALTH & HOSPITALS CORP.-QUEENS HOSPITAL CENTER, Respondent; JOYCE G.D., Appellant. JOHN SEAN CROWLEY, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 15, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for the entry of an amended order consistent herewith.

Where a guardianship petition is dismissed in whole or in part, there is no statutory authority for fixing who is responsible for the guardian's compensation. Thus, the courts must determine on a...

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