Matter of Maria F. (Alba P.)
Annotate this CaseDecided on June 12, 2012
Supreme Court, Bronx County
In the Matter of the Application of Maria F., Petitioner, For the Appointment of a Guardian of the Person and Property Pursuant to Article 81 of the Mental Hygiene Law For
against
Alba P., A Person Alleged To Be Incapacitated.
91677/11
Attorney for Petitioner: Michael Lippman, Esq.
Court Evaluator: Anna Z. Messar, Esq.
Alexander W. Hunter Jr., J.
By order of this court dated July 8, 2011, the application for the appointment of a guardian for Alba P., was denied. In that order, this court directed that any fees incurred by the petitioner in bringing the proceeding, as well as the fees of the court evaluator, Anna Z. Messar, Esq., be borne by petitioner, Maria F.
In an order dated December 21, 2011, this court directed Maria F. to immediately remit payment to the court evaluator the amount of $4,233.00 for her fees for serving as court evaluator. Ms. Messar now filed the instant order to show cause for an order compelling petitioner to pay her court ordered fees, or in the alternative, for this court to enter judgment against petitioner. Ms. Messar asserts that she telephoned petitioner's attorney, Michael Lippman, Esq., on January 12, 2012, inquiring about her payment. She also sent Mr. Lippman a copy of this court's order directing payment. Ms. Messar then spoke to Mr. Lippman at the end of January 2012 and he acknowledged receiving this court's order. However, Mr. Lippman informed Ms. Messar that his client has no money but he would contact his client and then he would contact Ms. Messar the following week. Mr. Lippman failed to contact Ms. Messar as indicated.
On February 8, 2012, Ms. Messar sent Mr. Lippman a certified letter reminding him that petitioner had been ordered to pay her court evaluator fees. The letter was received and signed [*2]for by someone in Mr. Lippman's office. To date, requests for payment have been ignored and no payment has been received by Ms. Messar.
On the return date of this order to show cause, May 29, 2012, Mr. Lippman appeared and informed the court that he was appealing this court's underlying decision and order denying petitioner's application for the appointment of a guardian. He indicated that he requested an extension of time to perfect the appeal on behalf of petitioner to the September 2012 Term of the Appellate Division, First Department. He further requested that this court delay compelling payment to Ms. Messar until after the appeal has been decided.
Ms. Messar pointed out that Mr. Lippman did not file his request for an extension of time to perfect his appeal to the September Term of the Appellate Division, First Department until he received the instant order to show cause to compel her payment. A copy of the motion made to the Appellate Division, First Department was provided to this court by Ms. Messar and it is dated May 16, 2012. Ms. Messar requested that this court deny Mr. Lippman's request as he has known since last July 2011 that his client would be responsible for her court evaluator fees.
Ms. Messar, is entitled to reasonable compensation for serving as court evaluator in ths matter. Pursuant to Mental Hygiene Law §81.09(f) this court determined that her fees should be payable by the petitioner, Maria F. Ms. Messar has been attempting to collect her fees since December 2011 to no avail. Petitioner has delayed payment to Ms. Messar and Mr. Lippman's attempt to seek an extension of time to appeal this court's decision on the underlying guardianship is yet another attempt to further delay paying Ms. Messar's fees.
Accordingly, petitioner is directed to remit payment in the amount of $4,233.00 to Ms. Messar within twenty (20) days of the date of the entry of this order or be held in contempt of court.
This constitutes the decision and order of this court.
Date:June 12, 2012
J.S.C.
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