MATTER OF JOSE V.

Index No. 500137/09. Appeal No. 17529-17530. Case Nos. 2022-04160, 2022-03473.

214 A.D.3d 523 (2023)

185 N.Y.S.3d 119

2023 NY Slip Op 01367

In the Matter of Jose V., a Person Alleged to be Incapacitated. Rocio Pieternelle, Property Guardian, Respondent, v. Smiley & Smiley LLP, Defendant, and Flomenhaft & Cannata, LLP, et al., Appellants. Fatima V. et al., Nonparty Respondents.

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

Decided March 16, 2023.


Attorney(s) appearing for the Case

The Flomenhaft Law Firm, PLLC, New York ( David C. Zegarelli of counsel), and Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellants.

Meenan & Associates, LLC, New York ( Lissett C. Ferreira of counsel), for Jose V., respondent.

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

Concur—Friedman, J.P., González, Shulman, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Carol Sharpe, J.), entered on or about August 4, 2022, which, in these consolidated proceedings, denied defendants Flomenhaft & Cannata, LLP, Flomenhaft Law Firm, PLLC, and Michael Flomenhaft's (collectively, Flomenhaft defendants) motion to vacate an order, dated October 1, 2015, sealing the court record in the guardianship proceeding, unanimously reversed, on the law and the facts, without costs, and the motion granted. Order,...

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