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Matter of Bax

Guardian Denied Renewal of Application for Final Commissions Award as Defective, on Merits

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The following papers numbered 1 to 9 read on this motion for an order pursuant to CPLR 2221(e) for leave to renew the application of Dimitrios Spanos, Esq., Guardian for the Property of Jack Bax, pursuant to SCPA 2307(1) for an award of statutory final commissions in respect of his Final Account dated February 29, 2016 on the ground that the Appellate Division, Second Department has rendered a unanimous decision and Order dated February 1, 2017 in the Matter of Yolanda T.M. (Anonymous) 2017 NY Slip Op 651 determining the meaning and application of SCPA 2307 (a) and necessitating a change to this court’s prior determination dated June 7, 2016 regarding the calculation of the Guardians Final Commissions under SCPA 2307(1) and awarding fair and reasonable Counsel fees to the Court Appointed Counsel for this Guardianship.PAPERS NUMBEREDNotice of Motion-Affidavits-Exhibits   1-4Memorandum of Law Respecting Guardian’s Motion to Reargue        5-6Supplemental Attorney’s Affirmation   7-9

*1 Upon the foregoing papers, it is hereby ordered that the motion is resolved as follows:Counsel for the Court Appointed Guardian moves for an order pursuant to CPLR §2221(e) for leave renew the application of Dimitrios Spanos, Esq., Guardian for the Property of

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