AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

IN RE ANNUAL INVENTORY AND ACCOUNT OF MARIA VERDEJO and STEVEN T. RONDOS, ESQ., CO-GUARDIANS OF THE PERSON AND PROPERTY OF ELISE VERDEJO, An Incapacitated Person.

Supreme Court has broad discretion in determining the reasonable amount of attorneys' fees to be awarded in a guardianship proceeding and, absent the abuse of that discretion, the court's determination will be upheld ( see Matter of Tijuana M., 303 A.D.2d 681; Matter of Mavis L., 285 A.D.2d 509). Supreme Court must ascertain whether the fee requested is necessary, fair and reasonable ( see Matter of Linda R., 304 A.D.2d 832; Matter of Castano, 248 A.D.2d 382) and, in order to permit a proper appellate review, it must "`provide a concise but clear explanation of its reasons for the fees award,'" or the lack thereof ( Ricciuti v. Lombardi, 256 A.D.2d 892, 893; quoting Hensley v. Eckerhart, 461 U.S. 424, 437).

Supreme Court herein failed to delineate the grounds which formed the basis of its decision and, as a result, we remand the matter to Supreme Court for a statement of its reasons for the denial of the application for attorneys' fees.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF VERDEJO
(Mar 30, 2004)