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MATTER OF VERDUGO

Index No. 500137/09. Appeal Nos. 15216-15217-15218. Case Nos. 2021-00888, 2021-01063, 2021-02129, 2021-02134.

202 A.D.3d 451 (2022)

162 N.Y.S.3d 47

2022 NY Slip Op 00743

In the Matter of the Appointment of a Guardian of the Person and Property of Jose Verdugo, an Incapacitated Person. Rocio Pieternelle, Property Guardian, Respondent, v. Smiley & Smiley, LLP, Defendant, and Flomenhaft & Cannata, LLP, et al., Appellants. Schwartz Goldstone Campisi & Kates, LLP, Nonparty Respondent.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Gayle Pollack of counsel), for appellants.

Newman Ferrara LLP, New York ( Ricardo M. Vera of counsel), for Rocio Pieternelle, respondent.

Schwartz Goldstone Campisi & Kates, LLP, New York ( Herbert Rodriguez, Jr. , of counsel), for Schwartz Goldstone Campisi & Kates, LLP, respondent.

Concur—Kapnick, J.P., Mazzarelli, Pitt, Higgitt, JJ.

Order, Supreme Court, New York County (Carol Sharpe, J.), entered December 17, 2020, which granted Flomenhaft's motion for an order directing that Swartz Goldstone Campisi & Kates LLC (SGCK) file a cross petition to the extent of deeming the November 15, 2016 cross motion and October 7, 2016 motion as cross petitions and deeming the motions and cross motions filed by both SGCK and Flomenhaft as pleadings, and denied Flomenhaft's motion for a protective order vacating...

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