IN RE FINAL ACCOUNTING OF FARBER

The testimony at the hearing established that petitioner investigated allegations concerning the finances of Ms. Menkes, took all necessary steps regarding the monies provided Ms. Menkes by the Austrian government, and took all necessary steps to conserve Ms. Menkes' assets for her benefit, and thus that he fulfilled his fiduciary obligations as guardian of Ms. Menkes' property. While the order appointing petitioner as guardian of Ms. Menkes' property stated that SPCA 2307 would be employed to determine his compensation, it also properly provided that the award of compensation to petitioner would be premised as well on a further review by the court upon the final accounting. This review was conducted and the court properly determined that petitioner was entitled to compensation in the amount of $2,500 for extraordinary services during a period of more than four years (see, Matter of Louise Snyder, 27 A.D.2d 927). Since the assets of Ms. Menkes' estate were insufficient to fund all of the estate's expenses, the court properly determined that payment of administration expenses would be given priority over reimbursing respondent objectant for funeral expenses (see, SPCA 1811[1]; Matter of DiPrato, 15 Misc.2d 571, 572; Matter of Lieberman, 137 N.Y.S.2d 81).

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