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MATTER OF DOUSMANIS

Index No. 500088/08. Appeal No. 12892. Case Nos. 2020-02806, 2020-02808.

190 A.D.3d 548 (2021)

136 N.Y.S.3d 713

2021 NY Slip Op 00251

In the Matter of Aris J. Dousmanis, Appellant, for the Appointment of a Guardian of the Personal Needs and Property Management of Andrew Pierucci, an Alleged Incapacitated Person. Marisa Falero, Esq., as Co-Guardian, Respondent; New York City Human Resources Administration, as Medicaid Lien Holder, Respondent.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Leavitt, Kerson & Sehati, Forest Hills ( Paul E. Kerson of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Susan Paulson of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

The will of Andrew's deceased brother, Peter, appointed petitioner as executor, and directed that petitioner place the remaining property in his estate into a general benefit trust for Andrew's benefit, support, maintenance, health and education. The will appointed petitioner trustee and bequeathed the remainder of the trust upon Andrew's death to him.

Petitioner admitted that he failed to turn over trust assets to Andrew's guardians for use during Andrew's lifetime...

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