In re Sutton — 119 A.D.2d 827

Majority

p. 827

In the Matter of Mary Sutton, Appellant. Sallie M. Moody, Conservatee.

— In a proceeding pursuant to Mental Hygiene Law article 77 to settle the account of a conservator, the conservator appeals from so much of an order of the Supreme Court, Westchester County (Cerrato, J.), dated April 15, 1985, as allowed her only the sum of $3,107.40 as her compensation.

Order modified, on the law, by deleting from the second decretal paragraph thereof the figure of "$3,107.40” and substituting therefor the figure "$7,162.02”. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

The appellant is entitled to a commission on all assets received by her after the establishment of the conservatorship (see, SCPA 2307 [2]; Beard v Beard, 140 NY 260 ; Matter of Gottlieb, 117 AD2d 668 ). Mollen, P. J., Weinstein, Rubin and Spatt, JJ., concur.

Cases cited

Beard v. Beard 140 NY 260 N.Y. 1893-11-28 p. 827
In re Gottlieb 117 AD2d 668 N.Y. App. Div. 1986-02-10 p. 827