MATTER OF HANNA

Index No. 500150/16. Appeal No. 15873. Case No. 2020-03362.

205 A.D.3d 413 (2022)

167 N.Y.S.3d 82

2022 NY Slip Op 02945

In the Matter of Kathleen R. Hanna, an Incapacitated Person, Now Deceased. Michael Fenton, Appellant, v. James R. Hanna et al., Respondents.

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

Decided May 3, 2022.


Attorney(s) appearing for the Case

William R. Mait, PLLC, New York ( William R. Mait of counsel), for appellant.

Seward & Kissel LLP, New York ( Lori A. Sullivan of counsel), for James R. Hanna, respondent.

Abrams Fensterman, LLP, Lake Success ( Robert Abrams of counsel), for Charles Jeffrey Hanna, respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.


Contrary to petitioner's contention, his constitutional right to due process was not violated by the absence of an evidentiary hearing. Under Mental Hygiene Law § 81.28, the court has discretion to reduce or deny compensation to a guardian, and, therefore, a guardian does not have a "legitimate claim of entitlement" to commissions and fees which implicates the Due Process Clause (see generally Morillo v City of New York...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases