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IN THE MATTER OF GUARDIANSHIP OF MACAK

871 A.2d 767 (2005)

377 N.J. Super. 167

In the Matter of the GUARDIANSHIP of Walter J. MACAK.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2005.

Attorney(s) appearing for the Case

Lee B. Roth, Flemington, argued the cause for appellant Walter J. Macak (Lee B. Roth and Associates, attorneys; Erica Edwards, on the brief).

John W. Thatcher, South Plainfield, argued the cause for respondent LaDonna L. Burton (Thatcher & Lanza, attorneys; Mr. Thatcher, on the brief).

Before Judges STERN, S.L. REISNER and GRAVES.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Walter J. Macak appeals from an order of the trial court granting summary judgment. The trial court dismissed a 2003 application in which Mr. Macak asked the court to set aside a 2002 judgment declaring him incapacitated and to restore him to legal capacity, pursuant to R. 4:86-7. We reverse and remand for a plenary hearing.

I

In 2002, Mr. Macak's daughter filed a complaint...

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