Schneider v. Engelmayer
852 N.Y.2d 769
N.Y. App. Div.
2008
Check Treatment

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.