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MATTER OF MARVIN W.

306 A.D.2d 289 (2003)

760 N.Y.S.2d 337

In the Matter of MARVIN W., Appellant. EVELYN W., Respondent.

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

Decided June 2, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Rockland County, for a new determination after a hearing pursuant to Mental Hygiene Law § 81.36 (c).

The Supreme Court erred in denying the motion to terminate the guardianship without conducting a hearing. Mental Hygiene Law § 81.36 (c) requires that a hearing be held in order to determine whether a guardianship should be...

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