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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46621 Justice Vistacion-Lewis AN ELDERLY MAN had granted respondent, his adopted daughter, a power of attorney. In an action under Article 81 of the Mental Hygiene Law, his son sought appointment as the man’s guardian. The man incurred private attorney’s fees in defending against the guardianship petition, which the court found frivolous. The court, citing Levy v. Carol Management Corp., granted respondent adopted daughter’s motion, pursuant to Part 130, Subpart 130-1 of the Rules of the Chief Administrator, that petitioner pay $5,797 in legal fees incurred in defending the guardianship petition. Relying on Mental Hygiene Law �81.08(f) the court also ordered petitioner’s payment of an $8,250 award to the court-appointed evaluator, whose work the court found, was made especially difficult by the serious nature of petitioner’s ultimately false and misleading claims, which complicated the investigative process and required much more work than that ordinarily encountered by court evaluators.

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