MHL ARTICLE 81 - New York State Unified Court System

dismissed.
Matter of Maier, NYLJ, 2/6/98, p. 25, col. 3 (Sup. Ct., Bronx Cty.)(Wilkins, J.)
Because of their intense involvement as interveners, AIP’s family members were ordered to pay
court evaluator’s fees.
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Matter of Susan Pollack (Marvin Pollack), 243 A.D.2d 568; 663 N.Y.S2d 115 (2 Dept.,
1997)
Where trial court ordered AIP to pay one-half of court evaluator fee and directed petitioner to pay
other half of that fee, court improvidently exercised its discretion by directing petitioner to pay half
of fee. Under circumstances of this case where petition was brought as result of lack of cooperation
by AIP and his conduct in a pending matrimonial action, and petitioner was forced to bring petition
because AIP's guardian ad litem refused to do so, AIP should have been required to pay entire fee.
Matter of Schwartz, NYLJ, 3/13/95, p. 32, col. 1 (Sup. Ct., Nassau Cty.)(Rossetti, J.)
Court-appointed fiduciaries, children of 83-year-old AIP, applied for reimbursement from his funds.
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.
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Matter of Robert S.T., 265 A.D.2d 919; 695 N.Y.S.2d 822 (4 Dept., 1999)
AIP (appellant) agreed to pay award of reasonable allowance to court evaluator (respondent). After
court evaluator, submitted her affirmation of services, AIP, objected to amount sought. Under those
circumstances, lower court erred in determining amount to be awarded court evaluator without
conducting hearing. In addition, lower court did not discharge its duty to explain, in writing, reasons
for awarding fees in excess of $2,500 (see N.Y. Comp. Codes R. & Regs. tit. 22 §36.4 [b]). Court
therefore reversed judgment, and remitted matter to lower court to determine amount of reasonable
allowance to be awarded court evaluator.
Matter of Chackers (Shirley W.), 159 Misc.2d 912; 606 N.Y.S.2d 959 (Sup. Ct., NY Cty.,
1993)
Where petition was brought in good faith but all parties ultimately agreed that discontinuance was
warranted and no guardian was needed, court evaluator's fee will be payable by AIP in an amount
set in order to be settled.
Matter of Krishnasastry, NYLJ, 8/25/95, p. 25, col. 1 (Sup. Ct., Nassau Cty.) (Rossetti, J.)
Petitioner husband, involved in divorce action, sought to discontinue guardianship proceeding for
his wife. At issue was who should pay the fees of the court-appointed evaluator and attorney. It
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