In re Sharkey

Appellate Division of the Supreme Court of New York

In re Sharkey

47 A.D.2d 925, 369 N.Y.S.2d 1000, 1975 N.Y. App. Div. LEXIS 9372

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

DecidedApril 21, 1975

StatusPublished

This text of 47 A.D.2d 925 (In re Sharkey) 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 Sharkey, 47 A.D.2d 925, 369 N.Y.S.2d 1000, 1975 N.Y. App. Div. LEXIS 9372 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an incompetency proceeding pursuant to article 78 of the Mental Hygiene Law, the appeal is from a judgment of the Supreme Court, Queens County, dated September 26, 1974 which, inter alla (1) judicially settled the final account of respondent Ira T. Lefton, as committee of the incompetent, and (2) fixed the amount to be allowed him for legal services rendered by him separate and apart from his work as committee for the incompetent, that amount being $5,800. Judgment modified, on the facts and in the exercise of discretion, by (1) deleting from the fourth decretal paragraph thereof the figure ."$5,800”. .and substituting therefor the figure "$4,500” and (2) deleting from the eighth decretal paragraph the figure "$29,199.97” and substituting therefor the figure "$30,499.97”. As so modified, judgment affirmed, without costs. In our opinion the fee awarded to Ira J. Lefton for his legal services was excessive to the extent indicated herein. Martuscello, Acting P. J., Christ, Munder and Shapiro, JJ., concur.

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In an incompetency proceeding pursuant to article 78 of the Mental Hygiene Law, the appeal is from a judgment of the Supreme Court, Queens County, dated September 26, 1974 which, inter alla (1) judicially settled the final account of respondent Ira T. Lefton, as committee of the incompetent, and (2) fixed the amount to be allowed him for legal services rendered by him separate and apart from his work as committee for the incompetent, that amount being $5,800. Judgment modified, on the facts and in the exercise of discretion, by (1) deleting from the fourth decretal paragraph thereof the figure ."$5,800”. .and substituting therefor the figure "$4,500” and (2) deleting from the eighth decretal paragraph the figure "$29,199.97” and substituting therefor the figure "$30,499.97”. As so modified, judgment affirmed, without costs. In our opinion the fee awarded to Ira J. Lefton for his legal services was excessive to the extent indicated herein. Martuscello, Acting P. J., Christ, Munder and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 925, 369 N.Y.S.2d 1000, 1975 N.Y. App. Div. LEXIS 9372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sharkey-nyappdiv-1975.