MATTER OF SALVATI

5656, 500088/02

90 A.D.3d 406 (2011)

934 N.Y.S.2d 22

2011 NY Slip Op 8666

In the Matter of LINDA SALVATI, an Incapacitated Person. JULIE STOIL FERNANDEZ, Respondent. GEORGE J. McCORMACK, Nonparty, Appellant.

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

Decided December 1, 2011.


In 2003, the respondent was appointed guardian for Linda Salvati, who was then in her 80s and in a coma. Thereafter, as required by Mental Hygiene Law § 81.32, the guardian filed annual accounts for the years 2003 through 2007. The reports for 2003 through 2006 were reviewed by a court-appointed examiner and approved by the court "in the respects set forth in the Examiner's Report."

After Salvati died in November 2008...

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