MATTER OF DE MENIL

Index No. 500297/19. Appeal Nos. 13965, 13965A. Case No. 2020-03958.

195 A.D.3d 410 (2021)

144 N.Y.S.3d 589

2021 NY Slip Op 03406

In the Matter of George De Menil, Respondent, for the Appointment of a Guardian of the Property of Adelaide De Menil, a Person Alleged to be Incapacitated, Respondent. Christophe De Menil et al., Cross Petitioners/Appellants.

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

Decided June 1, 2021.


Attorney(s) appearing for the Case

Tendy Law Office LLC, New York ( Jacqueline G. Veit of counsel), for appellants.

Wilkinson Stekloff LLP, New York ( Jeremy Barber of counsel), for George de Menil, respondent.

Morvillo Abramowitz Grand Iason & Anello P.C., New York ( Elkan Abramowitz of counsel), for Adelaide de Menil, respondent.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.


While appellants did not commence this proceeding to appoint a guardian of the property of Adelaide de Menil, as "person[s] ... concerned with the welfare of the person alleged to be incapacitated" (Mental Hygiene Law § 81.06[a][6]), who are, moreover, Adelaide de Menil's adult sister, niece, and grand-nephew, they are proper parties to the proceeding (Matter of Azzi [Trapani], 141 A.D.3d 1159, 1161 [4th Dept 2016]). The court...

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