In re Hofmann
Opinion of the Court
Order, Supreme Court, New York County (William J. Davis, J.), entered on or about September 26, 2005, denying appellant’s motion to authorize respondent guardian to pay fees to appellant’s counsel and expert in the underlying matrimonial litigation, unanimously modified, on the law, the facts and in the exercise of discretion, to grant the motion insofar as to direct respondent to reapply to the trustee(s) of the incapacitated person’s trust for payment, and in so doing to indicate that the counsel fees sought are necessaries of the incapacitated person, and otherwise affirmed, without costs.
The parties’ other arguments are not properly before us inasmuch as they seek relief from unappealed orders; the paper appealed is not a final judgment and does not bring up for review the prior orders the parties would have us consider. Concur—Buckley, EJ., Tom, Mazzarelli, Saxe and McGuire, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.