Dowd v. Pinto

Appellate Division of the Supreme Court of New York

Dowd v. Pinto

49 A.D.3d 264, 852 N.Y.2d 756

Appellate Division of the Supreme Court of the State of New York·Decided March 4, 2008·Published

Opinion

Although it is well settled that the determination of a guardian’s fee (SCPA 405 [1]) is within the sound discretion of the Surrogate (Matter of Hassett, 47 AD2d 569, 570 [1975]), the [265]*265brief and conclusory decision herein lacks any indication as to the factors considered by the Surrogate and the weight given to each (Matter of Burk, 6 AD2d 429 [1958]; cf. Matter of Schneider, 24 AD3d 225 [2005]). Without this, we are unable to render meaningful review of the compensation granted. Concur—Mazzarelli, J.P., Williams, Sweeny, Catterson and Moskowitz, JJ.

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Although it is well settled that the determination of a guardian’s fee (SCPA 405 [1]) is within the sound discretion of the Surrogate (Matter of Hassett, 47 AD2d 569, 570 [1975]), the [265]*265brief and conclusory decision herein lacks any indication as to the factors considered by the Surrogate and the weight given to each (Matter of Burk, 6 AD2d 429 [1958]; cf. Matter of Schneider, 24 AD3d 225 [2005]). Without this, we are unable to render meaningful review of the compensation granted. Concur—Mazzarelli, J.P., Williams, Sweeny, Catterson and Moskowitz, JJ.

Dowd v. Pinto, 49 A.D.3d 264, 852 N.Y.2d 756 (N.Y. Ct. App. 2008).

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