MATTER OF NELLY M. SILVERCREST EXTENDED CARE FACILITY


46 A.D.3d 904 (2007)

848 N.Y.S.2d 705

In the Matter of NELLY M. SILVERCREST EXTENDED CARE FACILITY et al., Respondents; LUISA ESPINOZA, Appellant.

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

Decided December 26, 2007.


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The appellant argues that the Supreme Court erred in appointing a temporary guardian for Nelly M. without affording the appellant notice and an opportunity to be heard (see Mental Hygiene Law § 81.23; Matter of Fosmire v Nicoleau, 75 N.Y.2d 218 [1990]). However, the court subsequently made the appointment permanent after a hearing...

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