MHL ARTICLE 81 - New York State Unified Court System

Matter of Sylvia Gaskell, 1994 NY Misc. LEXIS 713; 211 N.Y.L.J. 39 (Sup. Ct., Suffolk Cty.,
1994) (Luciano, J.)
Where health care facility had unnecessarily required family to petition court for appointment of
guardian, court would consider ordering facility to pay fee for Court Evaluator and petitioner's
attorney.
(vi) Non-party intervenor
Matter of JS, 24 Misc.3d 1209A; 899 N.Y.S.2d 60 (Sup. Ct. Nass. Cty. 2009)(Diamond, J.)
Court declined to award counsel fees from the AIP's funds to an interested non - party on the grounds
that such fees are not provided for by statute and further that under the facts of this case would not
be in the best interest of the AIP.
Matter of Kanfer (Lefkowitz), NYLJ, 11/8/96, p. 25, col. 3 (Sup. Ct., Kings Cty.)(Leone, J.)
Nonparty who opposed guardianship is not entitled to counsel fees, especially where his actions did
not benefit the AIP and served only to prolong the otherwise straightforward proceedings.
Matter of Schwartz, NYLJ, 3/13/95, p. 25, col. 1 (Sup. Ct., Nassau Cty.)(Rossetti, J.)
Court-appointed fiduciaries, children of 83-year-old IP, applied for reimbursement from funds of
their father. Children were divided as to proper management of his affairs. Court granted attorneys'
fees from funds but denied reimbursement for personal and litigation expenses primarily incurred
as result of battle for control between children. These costs were deemed spent to benefit their own
interests, not their father's.
(vii) “The bar in general”
Matter of Maier, NYLJ, 2/6/98, p. 25, col. 3 (Sup. Ct., Bronx Cty.)(Wilkins, J.)
Attorneys were paid only their retainers in interests of fairness and “community service” that the bar
owes to community.
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