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MATTER OF McG.

2007-10408

68 A.D.3d 1118 (2009)

2009 NY Slip Op 9663

890 N.Y.S.2d 345

In the Matter of JAMES A. McG., an Alleged Incapacitated Person. CATHERINE M. ROBINSON, Appellant; RALPH M. RANDAZZO, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 22, 2009.

Ordered that on the Court's own motion, the notice of appeal dated September 11, 2007 is deemed to be a premature notice of appeal from the money judgment entered January 2, 2008 (see CPLR 5520 [c]); and it is further,

Ordered that the money judgment entered January 2, 2008 is modified, on the facts and in the exercise of discretion, by reducing the award in favor of Ralph M. Randazzo and against the petitioner for legal services rendered as a court evaluator...

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