In re Hofmann

Order, Supreme Court, New York County (William J. Davis, J.), entered on or about September 26, 2005, denying appellant’s motion to authorize respondent guardian to pay fees to appellant’s counsel and expert in the underlying matrimonial litigation, unanimously modified, on the law, the facts and in the exercise of discretion, to grant the motion insofar as to direct respondent to reapply to the trustee(s) of the incapacitated person’s trust for payment, and in so doing to indicate that the counsel fees sought are necessaries of the incapacitated person, and otherwise affirmed, without costs.

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