Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05541
Matter of Gil R. (Dan R.)
Read the official decision: 2026 NY Slip Op 05541
Holding The Supreme Court properly exercised its discretion in awarding attorney’s fees and evaluator costs to the petitioner’s counsel and the court-appointed evaluator, as it provided an adequate explanation referencing the required factors. The appellate court affirmed the order denying the decedent’s motion to vacate the fee award.
The court’s words
the Supreme Court has broad discretion in determining the reasonable amount to award as an attorney's fee in a guardianship proceeding
2026 NY Slip Op 05541, at the official text
The court must provide a clear and concise explanation for its award in a written decision with reference to the following factors
2026 NY Slip Op 05541, at the official text
the Supreme Court conducted an appropriate analysis of the above-mentioned factors and adequately explained its awards to the petitioner's counsel
2026 NY Slip Op 05541, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05541 |
| Area of law | Mental Hygiene Law · Trusts, Estates and Guardianship |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05541 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 716 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Gil R. (Dan R.), 2026 NY Slip Op 05541 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05541/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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