MATTER OF MARION C.W.

2009-11499.

83 A.D.3d 1087 (2011)

922 N.Y.S.2d 173

In the Matter of MARION C.W., a Person Alleged to be Incapacitated. LISA K. et al., Respondents; FERN FINKEL et al., Nonparty Appellants.

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

Decided April 26, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new determination in accordance herewith.

The alleged incapacitated person (hereinafter the AIP) who was the subject of this guardianship proceeding died after a hearing had been held and a decision had been issued determining that the appointment of an independent guardian of her property was...

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