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MATTER OF ORINGER

8 Misc.3d 746 (2005)

In the Matter of GINALISA RIVERA, as Medicaid Coordinator of the Jewish Home and Hospital for Aged, Petitioner, for the Appointment of a Guardian of the Person and Property of HELEN ORINGER, Deceased Incompetent.

Supreme Court, New York County.

May 18, 2005.

Attorney(s) appearing for the Case

Schwartzman, Garelik, Walker, Kapiloff & Troy, P.C., New York City (Daniel Wohlfarph of counsel), for Joan Matofsky.

Irving R. Taub, New York City, for Philip Maier and another, as executors of estate of Maurice Oringer.

OPINION OF THE COURT

LUCINDO SUAREZ, J.

The issue in this guardian's application for judicial authority to exercise the right to an elective share in the estate of the incapacitated person's deceased spouse is whether such application is moot where the guardian has filed with the executors the requisite notice of election, but before determination on the submitted order to show cause for judicial approval, at the direction of the Surrogate's Court, the incapacitated...

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