MATTER OF MUSER v. MUSER

Index No. 500123/2019. Appeal No. 13273. Case No. 2020-03080.

192 A.D.3d 429 (2021)

139 N.Y.S.3d 808

2021 NY Slip Op 01332

In the Matter of Howard Muser, Petitioner, for the Appointment of a Guardian of the Person and Property of Judith Brook, an Alleged Incapacitated Person, and Adam Brook, Appellant, v. Howard Muser, Respondent.

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

Decided March 4, 2021.


Attorney(s) appearing for the Case

Rachel Schulman, PLLC, Great Neck ( Rachel Schulman of counsel), for appellant.

Huth Reynolds, LLP, Huntington ( Karl Huth of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Kennedy, Shulman, JJ.


The AIP died on March 15, 2020, during the pendency of this appeal. Her death rendered this appeal, which concerns the appointment of a guardian of her person and property, moot (see Matter of Klasson, 290 A.D.2d 223 [1st Dept 2002]).

Appellant argues that the adverse finding concerning his handling of the AIP's affairs will affect him in the future, but he fails to indicate how he will be adversely affected. Any issues concerning...

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