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IN THE MATTER OF VERDEJO

Appellate Division of the Supreme Court of New York, First Department.
Mar 30, 2004
Important Paras
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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.