In Matter of Chachkers (159 Misc2d 912 [Sup Ct, NY County 1993]), in which the Court permitted the discontinuance of a Mental Hygiene Law article 81 proceeding, the Court stated the following: Under the law the petitioner's attorney's fees may be borne by the AIP if the court "deems it appropriate." The court will not impose petitioner's counsel's fees on the AIP here. The proceeding was brought in good faith but, under the circumstances, that alone is not sufficient to shift the burden of paying for this proceeding to the AIP. There should be some special circumstance to warrant the fee shifting in any case where the matter is discontinued or dismissed. There are none here. The hospital which commenced the proceeding should bear its own counsel fees.