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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re the Appointment of a Guardian of Person & Property of Spingarn

Claire Spingarn, a 95-year-old woman with substantial assets, faced a guardianship petition initiated by her son and daughter under Article 81 of the Mental Hygiene Law, seeking the daughter's appointment as guardian. Claire, opposing her daughter's appointment due to long-standing antipathy, retained her own counsel. The court ultimately appointed a non-family member as guardian on June 6, 1994, tailoring the order to Claire's personal and property-management needs. This opinion addresses the reasonableness of the legal fees requested by the petitioners' attorneys, citing concerns about the amount, billing methods, and excessive hours. The court found many billed hours unnecessary, duplicative, and not the responsibility of Claire Spingarn, consequently reducing the legal fee to $32,500.

GuardianshipMental Hygiene Law Article 81Legal FeesAttorney CompensationReasonable FeesElder LawFee ReductionCourt EvaluatorFiduciary DutiesBilling Practices
References
17
Case No. MISSING
Regular Panel Decision

In re Grace PP.

This case involves an appeal from a County Court order in Saratoga County. The order directed respondent, as attorney-in-fact for Grace PP. (an alleged incapacitated person, AIP), to pay counsel fees to the AIP's assigned counsel and to the petitioner's counsel. The petitioner, a licensed social worker, initiated a Mental Hygiene Law article 81 proceeding to appoint a guardian for Grace PP., who suffered from dementia and required nursing home placement. County Court appointed a temporary guardian and ordered the respondent to pay counsel fees. The respondent appealed, arguing the AIP was indigent due to Medicaid benefits. The appellate court found no error or abuse of discretion in the County Court's award of counsel fees and affirmed the order, noting the record lacked evidence of the AIP's indigence despite her Medicaid recipient status.

Counsel FeesIndigenceMedicaid BenefitsAttorney-in-factGuardian AppointmentIncapacitated PersonDementiaNursing Home PlacementAppellate ReviewSaratoga County
References
3
Case No. MISSING
Regular Panel Decision
Oct 17, 1984

In re the Estate of Makudera

This case centers on a dispute over attorney fees following the death of Orlando J. Makudera, Sr., in an automobile accident. Initially, Randall L. Reed, a Chenango County attorney, and an unnamed Rhode Island attorney agreed to an equal split of fees from a workers' compensation claim and a federal civil action. After Peter J. McBride was retained as local trial counsel, all three attorneys signed an agreement stipulating a one-third split of all generated fees, specifically including those from the workers' compensation claim. When the Rhode Island attorney (respondent) objected to his $25,000 compensation fee being included in the gross fees for division, the petitioners (Reed and McBride) sought an order from the Surrogate’s Court. The Surrogate's Court granted summary judgment to the petitioners, a decision subsequently affirmed on appeal, citing the respondent's failure to present admissible evidence controverting the signed fee agreement.

Attorney FeesFee AgreementSummary JudgmentAppellate ReviewWorkers' Compensation LienContract DisputeAncillary ProbateExecutrix DutiesLegal EthicsEvidence Admissibility
References
3
Case No. MISSING
Regular Panel Decision

In re the Estate of Castiglia

In this Surrogate's Court proceeding, the decedent's spouse sought to remove restrictions from her limited letters of administration to access settlement funds from a personal injury claim. The core issue revolved around the calculation of attorney's fees in a settlement where an insurance carrier both paid "fresh money" and waived its workers' compensation lien. The court critically examined the precedent set in *Matter of Purtill*, finding its approach to fee calculation overly broad. This decision clarifies that when an insurance carrier waives its lien, the true settlement value for attorney's fee computation should include the fresh money plus two-thirds of the waived lien, ensuring the attorney's fee for the lien portion is not solely borne by the client, consistent with Workers’ Compensation Law § 29 (1). The application was granted, with the attorney's fees and disbursements modified according to this clarified methodology.

Workers' CompensationAttorney's FeesSettlement ProceedsLien WaiverSurrogate's CourtLetters of AdministrationEstate LawNew York LawInsurance LawPersonal Injury Claim
References
3
Case No. MISSING
Regular Panel Decision

In re Ericka LL.

This case is an appeal from an order of the Family Court of Albany County, which granted a petitioner's application to find the respondent in violation of a suspended judgment and terminated her parental rights. The child, born in 1991, had been in foster care for most of her life. The respondent had previously admitted to permanent neglect and consented to a suspended judgment, agreeing to provide a safe home, complete parenting education, and participate in mental health counseling. The Family Court found that the respondent violated these terms, including eviction for nonpayment, failing to enroll the child in daycare, and missing mental health appointments. The appellate court affirmed the decision, finding the Family Court's determination supported by a preponderance of the evidence and in the child's best interest to terminate parental rights.

Parental Rights TerminationSuspended JudgmentPermanent NeglectChild WelfareFoster CareFamily Court AppealPreponderance of EvidenceBest Interest of ChildViolation of OrderParenting Education
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Western Electric Co. & Communications Workers of America

MISSING

References
0
Case No. MISSING
Regular Panel Decision

Claim of Brisson v. County of Onondaga

MISSING

References
0
Case No. MISSING
Regular Panel Decision

Capitol Automatic Music Co. v. International Brotherhood of Electrical Workers of America, Local 786

MISSING

References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Duralite Co. & Local 222, Metal & Production Workers

MISSING

References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between United Automobile Workers of America & Local 116 & American Machine & Foundry Co.

MISSING

References
0
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