Opinion
May 24, 1994
Appeal from the Supreme Court, New York County (William Davis, J.).
It was within the discretion of the IAS Court to direct petitioner's attorney to pay the guardian ad litem an additional fee (CPLR 1204), where the court found that petitioner's attorney, after agreeing to the payment of the guardian ad litem out of the Chemical Bank proceeds, then submitted an ex parte "counter proposed order" to deny such payment (which was rejected), following which he filed an appeal that was never perfected. Given such conduct, we agree that the additional fee should be borne by counsel, rather than by petitioner, the truly wronged party. We find, however, that $1,500 is more appropriate compensation for the additional services, and modify to that extent. We have considered petitioner's attorney's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Carro, Ellerin, Wallach and Rubin, JJ.