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Jewish Association for Services for the Aged Community Guardian Program v. Kramer

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 19, 2009

IN RE MATTER OF JEWISH ASSOCIATION FOR SERVICES FOR THE AGED COMMUNITY GUARDIAN PROGRAM, PETITIONER-RESPONDENT,
v.
DAVID KRAMER, RESPONDENT-APPELLANT.

Order, Supreme Court, New York County (John E. H. Stackhouse, J.), entered April 8, 2008, which, to the extent appealed from, directed reimbursement of petitioner for $10,131.56 in temporary guardianship expenses and legal fees incurred in December 2007 in connection with an interim stay of the guardianship powers obtained by respondent's appointed Mental Hygiene Legal Services counsel, unanimously reversed, on the law, without costs, and the matter remanded for re-evaluation of the legal fees to be imposed, if any.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, Sweeny, Acosta, Freedman, JJ.

402583/07

Attorney fees were improvidently imposed without the requisite written decision setting forth the basis for the award (22 NYCRR 36.4[b][3]) and an explanation as to the reasonableness of the fees imposed (Matter of Martha O.J., 22 AD3d 756 [2005]; cf. Matter of Freeman, 34 NY2d 1 [1974]). An evaluation de novo is further warranted as to whether the legal fees sought were occasioned by procedural mistakes possibly committed by respondent's counsel.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090319

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