Opinion
August 18, 1994
Appeal from the Supreme Court, New York County (Budd G. Goodman, J.).
Appeal from the Supreme Court, New York County (Stephen G. Crane, J.).
We find no basis upon which to disturb any of these determinations of "reasonable compensation" for a certified social worker assigned pursuant to County Law § 722-c, and of "extraordinary circumstances" justifying payment in excess of the $300 limit set forth in that statute. Even if these determinations are technically appealable by the Director of the Assigned Counsel Plan under the theory that a nonparty aggrieved by an order made in a criminal case may take an appeal (see, People v. Schonfeld, 74 N.Y.2d 324, 327; People v. Marin, 86 A.D.2d 40, 42-43), they are nevertheless not reviewable by this Court (Matter of Werfel v. Agresta, 36 N.Y.2d 624, 626-627). We would add that to hold otherwise would be to involve this Court in the review of orders disapproving as well as approving vouchers by attorneys and nonattorneys alike, not as an administrative function but as part of the Court's responsibility to adjudicate appeals.
While we recognize the important role that fiscal considerations should play in determinations of compensation, under the present plan such concerns are to be addressed through the process of consultation with, and advisory review by, the local Administrative Judge ( 22 NYCRR 127.2; see, supra, at 627).
We also find nothing in County Law § 722-c that invalidates an authorization of services initiated by the court rather than counsel.
Concur — Rosenberger, J.P., Ellerin, Rubin and Nardelli, JJ.
Ross, J., concurs in the result only.