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MATTER OF GUSTAFSON

308 A.D.2d 305 (2003)

764 N.Y.S.2d 46

In the Matter of MARY GUSTAFSON, an Incapacitated Person. GEORGE HUTCHINSON, Appellant; BETTY LUGO, ESQ., Respondent.

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

Decided September 4, 2003.

This appeal arises out of the June 2001 petition by Charles Hutchinson (Charles), to remove his brother, George Hutchinson (Guardian), as article 81 guardian for the person and property of their mother, Mary Gustafson, an incapacitated person (IP). Charles's petition alleged that the Guardian, appointed in July 1997, had made payment of fees from the IP's estate without prior court approval and that the annual guardian reports had not been filed within the time strictures...

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