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In the Matter of JOSHUA H., Respondent. GRACE N., Nonparty Appellant.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

It is within the discretion of the Supreme Court to determine what, if any, compensation is due to a fiduciary of an incapacitated person or an attorney representing such a fiduciary ( see Mental Hygiene Law § 81.28 [b]; Matter of Isadora R., 5 AD3d 494, 495). The Supreme Court did not improvidently exercise its discretion in surcharging the appellant for all money taken by her, inasmuch as no compensation was due her in light of her failure to complete her duties.

The appellant's remaining contentions are either without merit or not properly before this Court.

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IN RE JOSHUA H
(Jan 18, 2011)