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MATTER OF KOVER

401545/12

134 A.D.3d 64 (2015)

19 N.Y.S.3d 228

2015 NY Slip Op 07802

In the Matter of ELIHU KOVER, Respondent, for the Appointment of a Guardian of the Person and Property of EVA DWORECKI, an Alleged Incapacitated Person. BURTON CITAK et al., Nonparty Appellants.

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

Decided October 27, 2015.

Attorney(s) appearing for the Case

Law Office of Peter Wessel, PLLC, New York City ( Peter Wessel of counsel), for appellants.

Law Offices of Annette G. Hasapidis, Mt. Kisco ( Annette G. Hasapidis of counsel), for respondent.

MANZANET-DANIELS and KAPNICK, JJ., concur with ANDRIAS, J.; TOM, J.P., concurs in a separate opinion; KAPNICK, J., concurs in a separate opinion; SAXE, J., dissents in a separate opinion.

OPINION OF THE COURT

The nonparty appellants, Burton Citak and Donald L. Citak, by their firm Citak & Citak, represented Dr. Eva Dworecki, the alleged incapacitated person (AIP), in this guardianship proceeding. In this appeal, there are two primary issues before us.

The first is whether the court abused its discretion...

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