Mental Hygiene Law § 81.08[a][4],[5]

Practice point: In an Article 81 matter, petitioner must pay the entire court evaluator's fee in the event that a petition is rejected as patently insufficient.

Case: Matter of Schneider v. Engelmayer, NY Slip Op 02202 (1st Dept. 2008)

Facts: Petitioner was directed to pay the court evaluator's fee, in its entirety, where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner's claim of incapacity, lacked the required specific factual allegations of personal actions or financial transactions demonstrating incapacity.