MATTER OF DE SANTIS


186 Misc.2d 791 (2001)

720 N.Y.S.2d 757

In the Matter of MICHAEL V. DE SANTIS, Petitioner, for the Appointment of a Guardian of the Property of JOHN B. DE SANTIS, SR., an Alleged Incapacitated Person.

Supreme Court, Nassau County.

January 8, 2001.


Attorney(s) appearing for the Case

Michael V. De Santis, pro se, and Rivkin, Radler & Kremer, Uniondale, for Michael V. De Santis, petitioner.

Vincent J. Russo & Associates, P. C., Westbury (Marvin Rachlin of counsel), pro se.


OPINION OF THE COURT

FRANK S. ROSSETTI, J.

Motion by petitioner is granted in part and otherwise continued, in accordance with the following: This application brings to the court the somewhat ticklish issue of what are reasonable legal fees for a petitioner's attorneys in a guardianship proceeding under article 81 of the Mental Hygiene Law where such are subject to an independent retainer agreement. The complicating factor in this motion is that it does...

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