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IN RE JOSHUA H

Appellate Division of the Supreme Court of New York, Second Department.
Jan 18, 2011
Important Paras
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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 ยง 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.