MATTER OF SERENA W.

2021-02377. Index No. 31877/16.

218 A.D.3d 597 (2023)

192 N.Y.S.3d 585

2023 NY Slip Op 03797

In the Matter of Serena W. Lisa Daniels, Respondent; Eugenia Wiltshire, Appellant.

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

Decided July 12, 2023.


Attorney(s) appearing for the Case

Elman Freiberg, PLLC, New York, NY ( Jay W. Freiberg and Benjamin S. Litman of counsel), for appellant.

Seltzer Sussman Heitner, LLP, Jericho, NY ( Brian R. Heitner of counsel), for respondent.

Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur.


In a guardianship proceeding pursuant to Mental Hygiene Law article 81, Eugenia Wiltshire appeals from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), dated March 1, 2021. The order, insofar as appealed from, granted those branches of the cross-motion of the successor guardian which were to remove Eugenia Wiltshire as trustee of a supplemental needs trust and to hold her in civil contempt.

Ordered that the order is modified, on the law, by deleting...

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