—[*1] Law Offices of Peter W. Till, Springfield, N.J. (Yale Han of counsel), for appellant.

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered January 4, 2007, which, insofar as appealed from, directed respondent alleged incapacitated person to pay $2,000 of the court evaluator's $3,700 fee award, unanimously modified, on the facts, to direct that petitioner pay the entire $3,700 fee, and otherwise affirmed, without costs.

Respondent should not have to pay any part of the evaluator's fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner's claim of incapacity, lacks the required "specific factual allegations" of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 AD2d 281, 283 [1998]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.