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MATTER OF MUSER

Index No. 500123/19, Appeal No. 16225, Case Nos. 2020-04349, 2021-00693.

206 A.D.3d 563 (2022)

168 N.Y.S.3d 835

2022 NY Slip Op 04125

In the Matter of Howard Muser, Respondent, for the Appointment of a Guardian of the Person and Property of Judith Brook, ED.D., an Alleged Incapacitated Person. Adam Brook, M.D., PD.D. Cross Petitioner-Appellant.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Adam Brook, appellant pro se.

Huth Reynolds, LLP, Huntington ( Karl C. Huth of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Higgitt, JJ.

The majority of petitioner's appeal is directed at challenging the appointment of a guardian in the first instance. However, the merits of the underlying guardianship application have already been the subject of an unsuccessful appeal before this Court (Matter of Muser v Muser, 192 A.D.3d 429 [1st Dept 2021], lv denied 37 N.Y.3d 914 [2021]), which we will not now disturb.

As to the merits of this appeal, Supreme Court providently exercised its discretion...

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