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IN MATTER OF MEL S.

15 Misc.3d 1037 (2007)

838 N.Y.S.2d 373

In the Matter of MEL S., Petitioner, for the Appointment of a Guardian of the Person and Property of JANE S., an Incapacitated Person.

Supreme Court, Otsego County.

March 19, 2007.

Attorney(s) appearing for the Case

Carol Malz, Oneonta, for Jane S. James E. Konstanty, Oneonta, for Mel S.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

This is an accounting in a Mental Hygiene Law article 81 guardianship proceeding filed by Mel S., as guardian of her mother, Jane S. A jury trial has been requested by the guardian. The question of whether or not a jury trial is allowed in a contested article 81 guardianship accounting is one of first impression.

Ms. S. was appointed conservator of the...

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