Surrogate Edward McCarty III
Counsel sought to be relieved as the attorney for guardian Martin Valk, and sought reargument regarding a portion of the court’s prior order that stated counsel fees paid in excess of $8,500 by guardian should be refunded by the attorney. Guardian consented to counsel’s withdrawal, and same was granted as unopposed. Yet, Valk objected to reargument. Counsel alleged the court overlooked or misapprehended case law precedent in reaching its prior decision. Counsel relied on cases arguing they stood for the position that petitioner in a Mental Hygiene Law Article 81 action may be personally liable for legal fees to his attorney beyond those the court awarded from the guardianship estate. The court disagreed noting that even if the cases cited by counsel were applicable to cases other than Article 81 suits, they were distinguishable from the prior decision. It stated the prior order expressly noted the fees requested by counsel were significantly higher than those customarily charged for the subject work, thus, there was no amount by which the fair value of counsel’s services here exceeded the amount awarded as the award was the fair value of the legal services provided. Hence, reargument was denied.
