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MATTER OF HELEN S.

2014-10130

130 A.D.3d 834 (2015)

13 N.Y.S.3d 516

2015 NY Slip Op 06153

In the Matter of HELEN S., Respondent. MARISA FALERO, Nonparty Appellant.

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

Decided July 15, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the cross motion of Helen S. which was pursuant to Mental Hygiene Law § 81.35 to remove Marisa Falero as guardian of her person and property. A guardian may be removed pursuant to Mental Hygiene Law § 81.35 when "`the guardian fails to comply with an order, is guilty of misconduct, or for any other cause...

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