People v. Delgado

Jan 27, 2005
Versions:14 A.D.3d 449
788 N.Y.S.2d 370
2005 N.Y. App. Div. LEXIS 574

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered June 3, 2004, which, to the extent appealed from, denied the motion by plaintiff and the realty defendants challenging the Special Referee‘s report of September 18, 2003, insofar as it awarded commissions to the court-appointed receiver as well as fees to his own law firm, the accounting firm he hired, and the law firm he hired to represent him in the final accounting, and also awarded fees to the managing agent, unanimously affirmed, without costs.

The receiver, Jay Seiden, did not violate the IAS court‘s 1997 “termination” order directing him to cause his attorneys and accountants to cease any further work with respect to the property in question, apart from the final accounting. Although Seiden hired the accounting firm of Friedman, Alpren & Green to prepare the final accounting, as well as the law firm of Gaffin & Mayo to represent him in connection with that accounting after issuance of the termination order, his actions were taken in furtherance of the court-directed final accounting. Seiden did precisely what the court directed him to do, ceasing all further duties with respect to the property, apart from the final accounting.

Justice Goodman correctly approved, nunc pro tunc, Seiden‘s