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MATTER OF MUSER

Index No. 500123/19. Appeal No. 14093. Case No. 2020-04570.

195 A.D.3d 520 (2021)

145 N.Y.S.3d 793

2021 NY Slip Op 03913

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. Adam Brook, M.D., Ph.D., Appellant, v. Howard Muser, Respondent. Joseph Ruotolo et al., Respondents, et al., Conservatee, et al., Third-Party Petitioner, et al., Claimant.

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

Decided June 17, 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) and The Shainbrown Firm LLC, New York ( Ian Shainbrown of counsel) for Howard Muser, Ian Seth Shainbrown and Karl C. Huth, respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

Despite the death of the incapacitated person on March 15, 2020, the court maintained the power to award attorneys' fees in connection with the guardianship proceedings and direct the guardian to retain funds to pay such fees (see Matter of Marion C.W. [Lisa K.], 83 A.D.3d 1087 [2d Dept 2011], lv dismissed 18 N.Y.3d 873 [2012]; see also Matter of Dandridge, 120 A...

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