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MATTER OF GARCIA

4177. 92502/08.

151 A.D.3d 455 (2017)

2017 NY Slip Op 04398

55 N.Y.S.3d 42

In the Matter of DIANA MARGOT GARCIA, an Incapacitated Person. JAMES CASTRO-BLANCO, Nonparty Appellant.

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

Decided June 6, 2017.

Although the initial guardianship order provided that appellant would be compensated pursuant to SCPA 2309, the court had the discretion to change the method of computing his compensation based on the services he actually rendered, rather than the value of the trust assets (see Matter of Goldstein v Zabel, 146 A.D.3d 624, 625 [1st Dept 2017]). The court was not required to make a finding of malfeasance or misconduct in order to make...

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