In re Sutton

Appellate Division of the Supreme Court of New York

In re Sutton

119 A.D.2d 827, 501 N.Y.S.2d 452, 1986 N.Y. App. Div. LEXIS 55768

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1986·Published

Opinion

— In a proceeding pursuant to Mental Hygiene Law article 77 to settle the account of a conservator, the conservator appeals from so much of an order of the Supreme Court, Westchester County (Cerrato, J.), dated April 15, 1985, as allowed her only the sum of $3,107.40 as her compensation.

Order modified, on the law, by deleting from the second decretal paragraph thereof the figure of "$3,107.40” and substituting therefor the figure "$7,162.02”. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

The appellant is entitled to a commission on all assets received by her after the establishment of the conservatorship (see, SCPA 2307 [2]; Beard v Beard, 140 NY 260; Matter of Gottlieb, 117 AD2d 668). Mollen, P. J., Weinstein, Rubin and Spatt, JJ., concur.

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— In a proceeding pursuant to Mental Hygiene Law article 77 to settle the account of a conservator, the conservator appeals from so much of an order of the Supreme Court, Westchester County (Cerrato, J.), dated April 15, 1985, as allowed her only the sum of $3,107.40 as her compensation.

Order modified, on the law, by deleting from the second decretal paragraph thereof the figure of "$3,107.40” and substituting therefor the figure "$7,162.02”. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

The appellant is entitled to a commission on all assets received by her after the establishment of the conservatorship (see, SCPA 2307 [2]; Beard v Beard, 140 NY 260; Matter of Gottlieb, 117 AD2d 668). Mollen, P. J., Weinstein, Rubin and Spatt, JJ., concur.

In re Sutton, 119 A.D.2d 827, 501 N.Y.S.2d 452, 1986 N.Y. App. Div. LEXIS 55768 (N.Y. Ct. App. 1986).

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Opinion

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