| Matter of Buttiglieri (Ferrel J.B.) |
| 2018 NY Slip Op 00739 [158 AD3d 1168] |
| February 2, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Mark Buttiglieri, Designee of the Chief Executive Officer of Upstate University Hospital of the State University of New York, Appellant, Pursuant to Article 81 of the Mental Hygiene Law for the Appointment of a Guardian of the Person and Property of Ferrel J.B., an Alleged Incompetent Person, Respondent; Raymond J. Dague, Esq., Respondent. (Appeal No. 3.) |
Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for petitioner-appellant.
Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered May 26, 2016 in a proceeding pursuant to Mental Hygiene Law article 81. The order, insofar as appealed from, directed petitioner to pay Raymond J. Dague, Esq. certain attorneys' fees.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the language in the ordering paragraph ", and is to be paid by Petitioner as an administrative expense" is vacated.
Same memorandum as in Matter of Buttiglieri (Ferrel J.B.) ([appeal No. 2] 158 AD3d 1166 [2018]). Present—Smith, J.P., Carni, Lindley, Curran and Troutman, JJ.