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MATTER OF BURNS

267 A.D.2d 755 (1999)

699 N.Y.S.2d 242

In the Matter of MARION W. BURNS, an Incapacitated Person. EDWARD J. SALVO, JR., as Guardian of the Property of MARION W. BURNS, Respondent; THOMAS A. BURNS, JR., Appellant.

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

Decided December 16, 1999.

Graffeo, J.

On October 18, 1999, during the pendency of this appeal, Marion W. Burns (hereinafter Burns) died at the age of 84 while a resident of a nursing home. She was unmarried and had no children. Burns was adjudicated an incapacitated person under Mental Hygiene Law article 81 in July 1996. Petitioner was duly appointed the guardian of her property, and Helen Dufel and Christine Magruder were appointed to serve as co-guardians of her person. This appeal arises...

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