| Matter of Lisa D. |
| 2012 NY Slip Op 06950 [99 AD3d 901] |
| October 17, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Lisa D., an Alleged Incapacitated Person. Peter Smergut, Respondent; Consumer Advisory Board et al., Appellants. |
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Robert Rosenthal, New York, N.Y., and Clifford Mierowitz, New York, N.Y., for respondent
(one brief filed).
In a proceeding pursuant to Mental Hygiene Law article 81, inter alia, to appoint a guardian for the property of Lisa D., an alleged incapacitated person, the nonparty New York State Office for People with Developmental Disabilities, and the cross petitioner, Consumer Advisory Board, appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Diamond, J.), dated April 7, 2011, which, upon a decision of the same court dated March 1, 2011, made after a hearing, among other things, appointed a guardian for the property management of Lisa D., authorized the guardian, as directed by the court, to transfer certain funds belonging to Lisa D. to a trust account to be established for the benefit of Lisa D., and directed the trustee of the subject trust to pay from the funds of Lisa D. a sum certain to the petitioner's counsel for legal services rendered as the attorney for the petitioner.
Ordered that the order and judgment is affirmed, without costs or disbursements.
Contrary to the appellants' contentions, the Supreme Court providently exercised its discretion, in the best interests of the subject alleged incapacitated person, Lisa D. (see Matter of Nimon, 15 AD3d 978, 979 [2005]; Matter of Rudick, 278 AD2d 328, 329 [2000]; see also Mental Hygiene Law § 81.01), by appointing one of her siblings as guardian for her property management and by authorizing that guardian to transfer certain of Lisa D.'s funds to a trust account to be established for Lisa D.'s benefit in a certain pooled trust established by her residential services provider (see Mental Hygiene Law § 81.02 [a] [1], [2]; § 81.19 [d]; see also Matter of Margaret K., 17 AD3d 466, 466 [2005]; cf. DiGennaro v Community Hosp. of Glen Cove, 204 AD2d 259, 260 [1994]). Also contrary to the appellants' contention, the foregoing arrangement does not violate Mental Hygiene Law § 81.19 (e) (1) or (2) (cf. Matter of Patrick BB., 284 AD2d 636, 638-639 [2001]).
The Supreme Court providently exercised its discretion in awarding a sum certain to the petitioner's counsel for legal services rendered as the attorney for the petitioner, to be paid from [*2]Lisa D.'s funds (see Mental Hygiene Law§ 81.16 [f]; Matter of Grace PP., 245 AD2d 824, 825 [1997]). Dillon, J.P., Balkin, Austin and Cohen, JJ., concur.