In re Serrano

Appellate Division of the Supreme Court of New York

In re Serrano

277 A.D.2d 80, 716 N.Y.S.2d 55, 2000 N.Y. App. Div. LEXIS 12004

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

DecidedNovember 16, 2000

StatusPublished

This text of 277 A.D.2d 80 (In re Serrano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Serrano, 277 A.D.2d 80, 716 N.Y.S.2d 55, 2000 N.Y. App. Div. LEXIS 12004 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, Bronx County (George Friedman, J.), entered March 16, 1999, which, inter alia, authorized the guardian of the subject incapacitated person to pay from the estate of the incapacitated person $3,500 in legal fees to appellant attorney, unanimously affirmed, without costs.

The courts of this State are not bound by the Puerto Rican judgment awarding appellant attorney $16,500 for representing the incapacitated person’s estate in connection with a real estate transaction in Puerto Rico (see, Matter of Nenno, 43 AD2d 791). The IAS Court, having appointed Gerald Sheiowitz pursuant to Mental Hygiene Law article 81 as guardian of the property of the incapacitated person, Manuel Serrano, Jr., retained jurisdiction over both the guardianship and the New York assets subject thereto and, accordingly, properly undertook an independent assessment of the reasonableness of appellant’s claim for attorney’s fees in connection with the Puerto Rican real estate transaction. Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Andrias, JJ.

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—Order, Supreme Court, Bronx County (George Friedman, J.), entered March 16, 1999, which, inter alia, authorized the guardian of the subject incapacitated person to pay from the estate of the incapacitated person $3,500 in legal fees to appellant attorney, unanimously affirmed, without costs.

The courts of this State are not bound by the Puerto Rican judgment awarding appellant attorney $16,500 for representing the incapacitated person’s estate in connection with a real estate transaction in Puerto Rico (see, Matter of Nenno, 43 AD2d 791). The IAS Court, having appointed Gerald Sheiowitz pursuant to Mental Hygiene Law article 81 as guardian of the property of the incapacitated person, Manuel Serrano, Jr., retained jurisdiction over both the guardianship and the New York assets subject thereto and, accordingly, properly undertook an independent assessment of the reasonableness of appellant’s claim for attorney’s fees in connection with the Puerto Rican real estate transaction. Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Andrias, JJ.

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Bluebook (online)

277 A.D.2d 80, 716 N.Y.S.2d 55, 2000 N.Y. App. Div. LEXIS 12004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-serrano-nyappdiv-2000.

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