VELLOZZI v. BRADY


267 A.D.2d 695 (1999)

698 N.Y.S.2d 361

TRESSA VELLOZZI, Individually and as Guardian of JOSEPH VELLOZZI, Appellant, v. PAUL J. BRADY, as Commissioner of Schoharie County Department of Social Services, Respondent.

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

Decided December 9, 1999.


Crew III, J. P.

Upon learning that respondent intended to initiate a Mental Hygiene Law article 81 proceeding to appoint a guardian for her father, petitioner commenced a separate proceeding to have herself appointed as the guardian of her father's person and property. While such proceeding was pending, respondent closed its case file with respect to petitioner's father. Petitioner's application for guardianship subsequently was granted and, pursuant to a previously...

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