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MATTER OF LANDIS

6178, 500155/10, 4623.

89 A.D.3d 642 (2011)

933 N.Y.S.2d 547

2011 NY Slip Op 8651

In the Matter of MARC A. LANDIS, Temporary Guardian of the Property, Respondent, for the Appointment of a Guardian for CLAIRE DEBORA, Appellant. DAVID DEBORA, Respondent.

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

Decided November 29, 2011.

As the parties concede, the IAS court erred when it acted on its own initiative in vacating the parties' stipulation of settlement of this article 81 proceeding (see Hallock v State of New York, 64 N.Y.2d 224, 230 [1984]; Charlop v A.O. Smith Water Prods., 64 A.D.3d 486, 486 [2009]). Rather, the proper course of action would have been to hold an evidentiary hearing (see Kabir v Kabir...

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