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MATTER OF HANNA

Index No. 500150/16. Appeal No. 15873. Case No. 2020-03362.

205 A.D.3d 413 (2022)

167 N.Y.S.3d 82

2022 NY Slip Op 02945

In the Matter of Kathleen R. Hanna, an Incapacitated Person, Now Deceased. Michael Fenton, Appellant, v. James R. Hanna et al., Respondents.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

William R. Mait, PLLC, New York (William R. Mait of counsel), for appellant.

Seward & Kissel LLP, New York (Lori A. Sullivan of counsel), for James R. Hanna, respondent.

Abrams Fensterman, LLP, Lake Success (Robert Abrams of counsel), for Charles Jeffrey Hanna, respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

Contrary to petitioner's contention, his constitutional right to due process was not violated by the absence of an evidentiary hearing. Under Mental Hygiene Law § 81.28, the court has discretion to reduce or deny compensation to a guardian, and, therefore, a guardian does not have a "legitimate claim of entitlement" to commissions and fees which implicates the Due Process Clause (see generally Morillo v City of New York...

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