MATTER OF KRAUSZ

Index No. 500080/19. Appeal No. 15731. Case No. 2021-01413N.

204 A.D.3d 500 (2022)

164 N.Y.S.3d 454

2022 NY Slip Op 02496

In the Matter of Diane Krausz, as Guardian of Dorothy Pincus, an Incapacitated Person, Now Deceased. Diane Krausz, Appellant, v. Sheryl R. Menkes et al., Respondents.

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

Decided April 14, 2022.


Attorney(s) appearing for the Case

Goetz Fitzpatrick LLP, New York ( Alison Arden Besunder , of counsel) for appellant.

Concur— Acosta, P.J., Kern, González, Shulman, JJ.


The guardian fails to establish that Supreme Court abused its discretion in determining what constituted "fair and reasonable compensation" under Mental Hygiene Law § 81.28 (Matter of Goldstein v Zabel, 146 A.D.3d 624, 630 [1st Dept 2017], lv denied 29 N.Y.3d 918 [2017]). In determining the guardian's fair and reasonable compensation under Mental Hygiene Law § 81.28(a), the court...

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