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MATTER OF DONALD LL

1534 CA 09-00633.

82 A.D.3d 72 (2011)

916 N.Y.S.2d 451

In the Matter of DONALD L.L., Appellant, for the Appointment of a Guardian of the Person and Property of JESSIE D.L., an Alleged Incapacitated Person. ROBERT J. MICELI, Respondent. (Appeal No. 1.) In the Matter of DONALD L.L., Appellant, for the Appointment of a Guardian of the Person and Property of JESSIE D.L., an Alleged Incapacitated Person. ROBERT J. MICELI, Respondent. (Appeal No. 2.) ROBERT J. MICELI, as Guardian of the Person and Property of JESSIE D.L., Respondent, v. DONALD L.L. et al., Appellants. (Appeal No. 3.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 10, 2011.

Attorney(s) appearing for the Case

Frank A. Aloi , Rochester, for petitioner-appellant and defendants-appellants.

Law Offices of Richard A. Kroll, Rochester ( Richard A. Kroll of counsel), Parker Law Office, PLLC, for respondent and plaintiff-respondent.

SMITH, J.P., PERADOTTO, CARNI and LINDLEY, JJ., concur.

OPINION OF THE COURT

SCONIERS, J.

This appeal concerns the issue whether the Equitable Distribution Law (Domestic Relations Law § 236 [B]) is applicable to a stipulation of settlement, entered during proceedings pursuant to article 81 of the Mental Hygiene Law, that divides property in a manner similar to equitable distribution but does not involve the dissolution of a marriage. We conclude that the Equitable...

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