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MATTER OF DANIEL N.

2017-09442. Index No. 100093/13.

194 A.D.3d 1062 (2021)

144 N.Y.S.3d 602

2021 NY Slip Op 03324

In the Matter of Daniel N., Respondent. Howard N., Petitioner/Cross Respondent-Appellant; Elizabeth Y., Respondent/Cross Petitioner-Respondent.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

Gelb & Black, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul H. Seidenstock ], of counsel), for petitioner-cross-respondent-appellant.

Michael D. Neville , Garden City, NY ( Michael M. Recco and Dennis B. Feld of counsel), for respondent.

Ramo, Nashak, Brown & Garibaldi LLP, Glendale, NY ( Gregory J. Brown of counsel), for respondent-cross-petitioner-respondent Elizabeth Yablon.

LaSalle, P.J., Chambers, Austin and Iannacci, JJ., concur.

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs.

The petitioner commenced this proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the person and property of Daniel N., his adult son, an alleged incapacitated person. Daniel N. resides with his mother, who is the petitioner's ex-wife. After a hearing, in an order and judgment dated March 15, 2017, the Supreme Court, inter alia, denied the petition...

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