In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person *955 and property of his brother, Samuel S., an alleged incapacitated

Do a case brief for the case: Matter of Samuel S. (Helene S.), 96 A.D.3d 954 (2012), 947 N.Y.S.2d 144, 2012 N.Y. Slip Op. 0510
Include issue, procedural history, analysis, facts
the case is about an incapacitated person.
Reference: Matter of Samuel S. (Helene S.), 96 A.D.3d 954 (2012) 947 N.Y.S.2d 144, 2012 N.Y. Slip Op. 05010
In a consolidated proceeding pursuant to Mental Hygiene Law article 81 to appoint Simon S. as the guardian of the person *955 and property of his brother, Samuel S., an alleged incapacitated person, and for a writ of habeas corpus, in which Helene S., a sister of Samuel S., cross-petitioned to have herself appointed as the guardian of the person and property of Samuel S., the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (King, J.), entered September 29, 2011, as, after a nonjury trial, granted the cross petitioner’s motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the petition, made at the close of the petitioners’ case, fixed the fees of the court evaluator and the court- appointed psychiatrist without a hearing, and directed the petitioner Simon S. to personally pay the fee of the court evaluator……………..