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MATTER OF NUNZIATA (NANCY K)

850023-I-2021.

72 Misc.3d 469 (2021)

148 N.Y.S.3d 841

2021 NY Slip Op 21129

In the Matter of NANCY NUNZIATA, Commissioner of the Nassau County Department of Social Services, Petitioner, for the Appointment of a Guardian for NANCY K., an Alleged Incapacitated Person, Respondent; WILLIAM McENANEY, Cross-Petitioner.

Supreme Court, Nassau County.

Decided April 15, 2021.

Attorney(s) appearing for the Case

Novick & Associates, P.C., Huntington ( Donald Novick , Kimberly Arlen Schechter and Albert Vincent Messina of counsel), for cross-petitioner.

Nassau County Department of Social Services, Uniondale ( David Zachary Carl of counsel), for petitioner.

Rosenthal Law LLC, Garden City ( Elisa Strassler Rosenthal of counsel), and Seltzer Sussman Habermann & Heitner LLP Jericho ( Brian R. Heitner of counsel), court-appointed counsel for Nancy K., respondent.

Edward Francis Cunningham , Garden City, Court Evaluator.

The Weinstein Group, P.C., Syosset ( Lloyd Jeffrey Weinstein of counsel), Temporary Guardian.

OPINION OF THE COURT

The motion by the cross-petitioner, after the commencement of the hearing in this special proceeding, for an order directing the disclosure to him of the adult protective services (APS) file pertaining to the alleged incapacitated person, presents an issue of first impression on the extent of discovery...

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