In re Levy

Appellate Division of the Supreme Court of New York

In re Levy

31 A.D.2d 532, 295 N.Y.S.2d 222, 1968 N.Y. App. Div. LEXIS 2860

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

DecidedNovember 21, 1968

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 532 (In re Levy) 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 Levy, 31 A.D.2d 532, 295 N.Y.S.2d 222, 1968 N.Y. App. Div. LEXIS 2860 (N.Y. Ct. App. 1968).

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Opinion

Order entered on May 20, 1968, unanimously modified, on the law and the facts and in the exercise of discretion, by deleting the words “by the respondent and/or the petitioner” from the last ordering paragraph and by substituting therefor the words “by the petitioner ”, and as so modified the order, .to the extent appealed from, is affirmed, without costs or disbursements. Petitioner-respondent having procured the- appointment of the guardian ad litem without notice to respondent-appellant (see Abrons v. Abrons, 24 A D 2d 970), and on the basis of a petition found, despite the guardian’s interim report, to merit dismissal, respondent-appellant may not properly be charged with the guardian’s allowance. Concur—- Botein, P. J., Tilzer, McGivern and McNally, JJ.

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Order entered on May 20, 1968, unanimously modified, on the law and the facts and in the exercise of discretion, by deleting the words “by the respondent and/or the petitioner” from the last ordering paragraph and by substituting therefor the words “by the petitioner ”, and as so modified the order, .to the extent appealed from, is affirmed, without costs or disbursements. Petitioner-respondent having procured the- appointment of the guardian ad litem without notice to respondent-appellant (see Abrons v. Abrons, 24 A D 2d 970), and on the basis of a petition found, despite the guardian’s interim report, to merit dismissal, respondent-appellant may not properly be charged with the guardian’s allowance. Concur—- Botein, P. J., Tilzer, McGivern and McNally, JJ.

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Bluebook (online)

31 A.D.2d 532, 295 N.Y.S.2d 222, 1968 N.Y. App. Div. LEXIS 2860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-levy-nyappdiv-1968.

Opinion

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