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MATTER OF ELMER Q.

250 A.D.2d 256 (1998)

681 N.Y.S.2d 637

In the Matter of Elmer Q., Alleged to be an Incapacitated Person, Appellant. Michael T. Brockbank, Respondent

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

December 10, 1998

Attorney(s) appearing for the Case

Hutchinson & Hutchinson, P. C., Oyster Bay (Richard L. Hutchinson of counsel), for appellant.

Friedman, Hirschen, Miller & Coughlin, P. C., Schenectady (Lynn M. Blake of counsel), for respondent.

CARDONA, P. J., MERCURE, WHITE and SPAIN, JJ., concur.

GRAFFEO, J.

Petitioner was retained in 1989 by respondent and remained his attorney until discharged in February 1997. After a disagreement over respondent's living arrangement and certain expenditures, respondent revoked petitioner's power of attorney and executed a new power of attorney appointing attorney Alvan Hutchinson, Jr. On February 28, 1997, petitioner commenced this proceeding pursuant to Mental Hygiene...

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