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MATTER OF LINDSAY

276 A.D.2d 451 (2000)

715 N.Y.S.2d 395

In the Matter of DOROTHY S. LINDSAY, an Incapacitated Person. AVRON I. BROG, as Coguardian, Appellant; JEREMY S. NUSSBAUM, as Executor of DOROTHY S. LINDSAY, Deceased, Respondent, and ANNA E. CROUSE, as Coguardian, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 31, 2000.

The appointing order and judgment directed that the guardians were to be compensated in accordance with SCPA 2309 "unless modified under section 81.28 of the Mental Hygiene Law". Under Mental Hygiene Law § 81.28 (a), the compensation paid to a guardian "may be similar" to the compensation of a trustee under SCPA 2309. However, the reference to SCPA 2309 is only a guideline and the court retains the discretion to adopt a compensation plan it deems appropriate in a particular...

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