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MATTER OF RESTAINO (AG)

30500-I-12.

37 Misc.3d 586 (2012)

950 N.Y.S.2d 687

2012 NY Slip Op 22236

In the Matter of ANTHONY RESTAINO, Administrator of A. HOLLY PATTERSON EXTENDED CARE FACILITY, Petitioner, Pursuant to Article 81 of the Mental Hygiene Law for the Appointment of a Special Guardian of the Property of AG, an Alleged Incapacitated Person.

Supreme Court, Nassau County.

August 29, 2012.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, Lake Success, for petitioner. Chester Gittleman, Roslyn, Court Evaluator.

OPINION OF THE COURT

ARTHUR M. DIAMOND, J.

Decision after Hearing

The petition presented in this Mental Hygiene Law article 81 guardianship proceeding raises two questions that this court has not previously addressed. The first is whether it is appropriate for a facility to petition the court solely for the appointment of a special guardian of the property of an alleged incapacitated person residing in its facility where the sole power sought is...

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