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MATTER OF JOHN XX.

226 A.D.2d 79 (1996)

652 N.Y.S.2d 329

In the Matter of John XX., an Incapacitated Person. Irene XX., as Guardian of John XX., Respondent; Broome County Department of Social Services, Appellant; Elizabeth M. Rose et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 26, 1996

Attorney(s) appearing for the Case

Howard Schultz, Department of Social Services, Binghamton, for appellant.

Levene, Gouldin & Thompson, Binghamton (Kathryn Grant Madigan of counsel), for Irene XX., respondent.

Robert E. Leamer, Binghamton (Donald P. Carlin of counsel), for Ideal Senior Center, respondent.

Robert R. Clobridge, Binghamton, for Katherine A. Clobridge, respondent.

CARDONA, P. J., WHITE, CASEY and CARPINELLO, JJ., concur.

MERCURE, J.

By order and judgment entered July 6, 1994, petitioner was appointed guardian of the person and property of her cousin, John XX. (hereinafter John), an elderly man (born in 1915) who suffered a stroke in March 1994. Following the stroke, John was hospitalized and transferred first to a rehabilitation center and then to a nursing home, Ideal Senior Living Center, where he has resided since September...

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