MATTER OF McELROY

2011-670

34 Misc.3d 689 (2011)

935 N.Y.S.2d 855

2011 NY Slip Op 21449

In the Matter of the Estate of MARY D. McELROY, Also Known as MARY McELROY, Deceased.

Surrogate's Court, Westchester County.

Decided December 19, 2011.


Attorney(s) appearing for the Case

Vaneria & Spanos, New York City ( John Sebastian Vaneria of counsel), guardian ad litem. Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP, Scarsdale ( Frank M. Headley, Jr. , of counsel), for proponent.


OPINION OF THE COURT

ANTHONY A. SCARPINO, JR., J.

Incident to this contested probate proceeding are two motions: (i) by John Sebastian Vaneria, Esq., as guardian ad litem (GAL) for Olivia McElroy, to disqualify proponent's counsel on several grounds including a conflict with his ward; and (ii) by proponent's counsel, a cross motion to terminate the appointment of the GAL.

Mary D. McElroy (decedent) died...

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