Matter of DC v. Selfhelp Community Servs., Inc.

Appellate Division of the Supreme Court of New York

Matter of DC v. Selfhelp Community Servs., Inc.

2017 NY Slip Op 5571, 152 A.D.3d 426, 55 N.Y.S.3d 650

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

DecidedJuly 11, 2017

Docket4436 402790/10

StatusPublished

This text of 2017 NY Slip Op 5571 (Matter of DC v. Selfhelp Community Servs., Inc.) 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

Matter of DC v. Selfhelp Community Servs., Inc., 2017 NY Slip Op 5571, 152 A.D.3d 426, 55 N.Y.S.3d 650 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about March 3, 2016, which, to the extent appealed from as limited by the briefs, restored the guardianship proceeding to the calendar, reappointed the same court evaluator, and ordered an initial guardianship hearing on the petition, unanimously reversed, on the law, without costs, and the order vacated.

There was no basis to restore the proceeding, to reappoint the court evaluator or to schedule a hearing, because there was no request for this relief. Indeed, HRA has determined that DC is no longer eligible for adult protective services because she has “sufficient mental and physical capacity.”

Concur — Friedman, J.R, Renwick, Andrias, Moskowitz and Gesmer, JJ.

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Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about March 3, 2016, which, to the extent appealed from as limited by the briefs, restored the guardianship proceeding to the calendar, reappointed the same court evaluator, and ordered an initial guardianship hearing on the petition, unanimously reversed, on the law, without costs, and the order vacated.

There was no basis to restore the proceeding, to reappoint the court evaluator or to schedule a hearing, because there was no request for this relief. Indeed, HRA has determined that DC is no longer eligible for adult protective services because she has “sufficient mental and physical capacity.”

Concur — Friedman, J.R, Renwick, Andrias, Moskowitz and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 5571, 152 A.D.3d 426, 55 N.Y.S.3d 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dc-v-selfhelp-community-servs-inc-nyappdiv-2017.