In re Kiriakoula C. Alfreida B. Kenny

Appellate Division of the Supreme Court of New York

In re Kiriakoula C. Alfreida B. Kenny

112 A.D.3d 821, 976 N.Y.S.2d 666

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 2013

StatusPublished

This text of 112 A.D.3d 821 (In re Kiriakoula C. Alfreida B. Kenny) 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 Kiriakoula C. Alfreida B. Kenny, 112 A.D.3d 821, 976 N.Y.S.2d 666 (N.Y. Ct. App. 2013).

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Opinion

In a guardianship proceeding pursuant to Mental Hygiene Law article 81, nonparty John F. Gangemi appeals from an order of the Supreme Court, Kings County (Barros, J.), dated July 17, 2012, which relieved him as counsel for Kiriakoula C., the subject incapacitated person.

Ordered that the appeal is dismissed, without costs or disbursements.

In an order dated July 17, 2012, the Supreme Court relieved the appellant as counsel for the incapacitated person who is the subject of this proceeding. The order is not appealable as of right, as it did not decide a motion made on notice (see CPLR 5701; Sholes v Meagher, 100 NY2d 333, 335 [2003]). No application was made for permission to appeal and, under the circumstances of this case, we decline to grant leave to appeal on our own motion (see HSBC Mtge. Servs., Inc. v James, 88 AD3d 651 [2011]; cf. Wells Fargo Bank, N.A. v Meyers, 108 AD3d 9, 16 [2013]; Sena v Nationwide Mut. Fire Ins. Co., 198 AD2d 345 [1993]). Accordingly, the appeal must be dismissed. Rivera, J.E, Dillon, Chambers and Hinds-Radix, JJ., concur.

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In a guardianship proceeding pursuant to Mental Hygiene Law article 81, nonparty John F. Gangemi appeals from an order of the Supreme Court, Kings County (Barros, J.), dated July 17, 2012, which relieved him as counsel for Kiriakoula C., the subject incapacitated person.

Ordered that the appeal is dismissed, without costs or disbursements.

In an order dated July 17, 2012, the Supreme Court relieved the appellant as counsel for the incapacitated person who is the subject of this proceeding. The order is not appealable as of right, as it did not decide a motion made on notice (see CPLR 5701; Sholes v Meagher, 100 NY2d 333, 335 [2003]). No application was made for permission to appeal and, under the circumstances of this case, we decline to grant leave to appeal on our own motion (see HSBC Mtge. Servs., Inc. v James, 88 AD3d 651 [2011]; cf. Wells Fargo Bank, N.A. v Meyers, 108 AD3d 9, 16 [2013]; Sena v Nationwide Mut. Fire Ins. Co., 198 AD2d 345 [1993]). Accordingly, the appeal must be dismissed. Rivera, J.E, Dillon, Chambers and Hinds-Radix, JJ., concur.

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Bluebook (online)

112 A.D.3d 821, 976 N.Y.S.2d 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kiriakoula-c-alfreida-b-kenny-nyappdiv-2013.

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