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MATTER OF JAMES H. SUPPLEMENTAL NEEDS TRUSTS

531158.

194 A.D.3d 1167 (2021)

148 N.Y.S.3d 513

2021 NY Slip Op 02860

In the Matter of the James H. Supplemental Needs Trusts. Kathleen Toombs, as Guardian of the Property of James H., Respondent; John H., Appellant. (And Another Related Proceeding.).

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

Decided May 6, 2021.

Attorney(s) appearing for the Case

Falcon Rappaport & Berkman PLLC, Rockville Centre ( Paul M. O'Brien of counsel), for appellant.

Tabner, Ryan & Keniry, LLP, Albany ( Brian M. Quinn of counsel), for respondent.

Garry, P.J., Clark and Aarons, JJ., concur.

In September 2016, petitioner was appointed guardian, pursuant to Mental Hygiene Law article 81, of James H., an incapacitated person who suffered from throat cancer and mental illness. At the time of the appointment, James H. was the beneficiary of five supplemental needs trusts (hereinafter SNTs). Respondent, James H.'s...

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