Appellate Division of the Supreme Court of New York, 2008

Dowd v. Pinto

Dowd v. Pinto
Appellate Division of the Supreme Court of New York · Decided March 4, 2008
49 A.D.3d 264; 852 N.Y.2d 756
Dowd v. Pinto

Opinion of the Court

Although it is well settled that the determination of a guardian’s fee (SCPA 405 [1]) is within the sound discretion of the Surrogate (Matter of Hassett, 47 AD2d 569, 570 [1975]), the *265brief and conclusory decision herein lacks any indication as to the factors considered by the Surrogate and the weight given to each (Matter of Burk, 6 AD2d 429 [1958]; cf. Matter of Schneider, 24 AD3d 225 [2005]). Without this, we are unable to render meaningful review of the compensation granted. Concur—Mazzarelli, J.P., Williams, Sweeny, Catterson and Moskowitz, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.