Legal Opinion

Matter of Goldstein v. Zabel

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 2017No. 91812/13 2076N 2075NPublishedCited by 6 opinions

1Opinion of the Court

Orders, Supreme Court, Bronx County (Howard H. Sherman, J.), entered March 23, 2015, which, to the extent appealed from as limited by the briefs, fixed nonparty appellant’s guardianship commission at $100,000, unanimously affirmed, with costs.

This appeal calls upon us to consider the relationship between the Surrogate’s Court Procedure Act and article 81 of the Mental Hygiene Law where the order and judgment originally appointing a guardian in an article 81 proceeding directs that the guardian “shall” be compensated in accordance with the guidelines set forth in SCPA 2307. We find that when…

2Cases cited4 opinions

  1. People v. EvansNew York Court of Appeals · 2000
  2. Town of Massena v. Healthcare Underwriters Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. In re Arnold O.Appellate Division of the Supreme Court of the State of New York · 1998
  4. In re Joshua H.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by6 opinions

  1. Matter of KrauszAppellate Division of the Supreme Court of the State of New York · 2022
  2. Matter of Alexander B.P. (Hafner)Appellate Division of the Supreme Court of the State of New York · 2018
  3. Matter of GarciaAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of HannaAppellate Division of the Supreme Court of the State of New York · 2022
  5. Matter of Jon Z.Appellate Division of the Supreme Court of the State of New York · 2019

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