| Matter of Dowd v Pinto |
| 2008 NY Slip Op 01837 [49 AD3d 264] |
| March 4, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Patricia Dowd, as Administratrix of the Estate of
Carlos Pinto, Deceased, Appellant, v Luisa Pinto, Respondent and Third-Party Petitioner-Respondent. Mario Pinto, Third-Party Respondent-Appellant. |
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Frederick Siegmund, New York City, for respondent.
Order, Surrogate's Court, New York County (Kristin Booth Glen, J.), entered on or about April 13, 2007, which fixed the compensation for the guardian ad litem for respondent Luisa Pinto at $45,600, unanimously reversed, on the law, without costs, and the matter remanded for further proceedings consistent herewith.
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 brief 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.