The motion court's findings of fact broadly approving the guardian's performance were improperly made without notice that the court was converting a prehearing, CPLR 3211 motion to dismiss one of four outstanding objections—namely, Ms. Brotman's objection that the guardian failed to investigate allegedly unauthorized withdrawals made by Mr. Brotman from the incapacitated person's brokerage account—to a motion for summary judgment dismissing all four objections...
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