In re Borack

237 A.D.2d 149, 655 N.Y.S.2d 357, 1997 N.Y. App. Div. LEXIS 2405
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 13, 1997
StatusPublished
Cited by1 cases

This text of 237 A.D.2d 149 (In re Borack) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Borack, 237 A.D.2d 149, 655 N.Y.S.2d 357, 1997 N.Y. App. Div. LEXIS 2405 (N.Y. Ct. App. 1997).

Opinion

Appeal from order and judgment (one paper), Supreme Court, New York County (Emily Goodman, J.), entered April 3, 1996, which upon petitioner’s consent, appointed a neutral stranger to act as guardian for the alleged incapacitated person, unanimously dismissed, without costs.

The appeal is rendered academic by the alleged incompetent person’s death (see, Matter of Thomas, 21 NY2d 720; Matter of Glener, 202 AD2d 503). Were we to review the matter, we would find that in light of the continued animosity between petitioner and cross-petitioner, the court’s appointment of a neutral stranger to act as the alleged incompetent person’s guardian was a proper exercise of discretion (cf., Matter of Weisman, 112 AD2d 871). Concur—Murphy, P. J., Williams, Tom and Mazzarelli, JJ.

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Related

In re Sidney S.
1 A.D.2d 440 (Appellate Division of the Supreme Court of New York, 2003)

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Bluebook (online)
237 A.D.2d 149, 655 N.Y.S.2d 357, 1997 N.Y. App. Div. LEXIS 2405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-borack-nyappdiv-1997.