MATTER OF MELVILLE L. FERGANG REVOCABLE TRUST

105895/11, 1442, 1441.

140 A.D.3d 498 (2016)

32 N.Y.S.3d 486

2016 NY Slip Op 04668

In the Matter of MELVILLE L. FERGANG REVOCABLE TRUST. CHARLES SCOTT et al., Respondents, v. ALLEN S. FERGANG et al., Appellants.

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

Decided June 14, 2016.


As petitioners concede, 22 NYCRR 36.4 does not apply to Scott because he was a guardian ad litem nominated by an infant over 14 years of age (see 22 NYCRR 36.1 [b] [ii]). However, the common law still applies to Scott. Therefore, the court should have explained "the reasonableness of the fees" awarded (Matter of Jewish Assn. for Servs. for Aged Community Guardian Program v Kramer, 60 A.D.3d 531

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