Matter of Jewish Home of Rochester v. Dworkin

Appellate Division of the Supreme Court of New York

Matter of Jewish Home of Rochester v. Dworkin

2017 NY Slip Op 5354, 151 A.D.3d 1934, 54 N.Y.S.3d 899

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

DecidedJune 30, 2017

Docket874 CA 16-01826

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 5354 (Matter of Jewish Home of Rochester v. Dworkin) 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.

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Matter of Jewish Home of Rochester v. Dworkin, 2017 NY Slip Op 5354, 151 A.D.3d 1934, 54 N.Y.S.3d 899 (N.Y. Ct. App. 2017).

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Opinion

Appeal from an order of the Supreme Court, Monroe County (Renee Forgensi Minarik, A.J.), entered January 7, 2016. The order denied the motion of respondent to dismiss the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Pursuant to powers of attorney executed in New Jersey, respondent obtained admission for his parents to petitioner’s facility. Thereafter, petitioner commenced this special proceeding pursuant to General Obligations Law § 5-1510 to compel respondent to provide an accounting and to remove respondent as the agent for his parents inasmuch as respondent had allegedly withheld available resources to pay for the care of his parents. Respondent moved to dismiss the petition on the ground that the General Obligations Law does not apply and that petitioner lacks standing to commence this special proceeding. Supreme Court denied the motion. We affirm.

Section 5-1510 (3) of the General Obligations Law provides that “[a] special proceeding may be commenced . . . [by] the agent, the spouse, child or parent of the principal, the principal’s successor in interest, or any third party who may be required to accept a power of attorney” (emphasis added). Furthermore, General Obligations Law § 5-1512 provides, inter alia, that “a power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdic *1935 tion or the law of this state is valid in this state, regardless of whether the principal is a domiciliary of this state.” Consequently, we conclude that the above two statutory provisions confer standing on petitioner to commence this special proceeding. Contrary to respondent’s contention, General Obligations Law § 5-1501C (11) does not alter our conclusion.

Respondent’s remaining contention is raised for the first time on appeal and thus is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]).

Present — Carni, J.P., Curran, Troutman, Winslow and Scudder, JJ.

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Appeal from an order of the Supreme Court, Monroe County (Renee Forgensi Minarik, A.J.), entered January 7, 2016. The order denied the motion of respondent to dismiss the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Pursuant to powers of attorney executed in New Jersey, respondent obtained admission for his parents to petitioner’s facility. Thereafter, petitioner commenced this special proceeding pursuant to General Obligations Law § 5-1510 to compel respondent to provide an accounting and to remove respondent as the agent for his parents inasmuch as respondent had allegedly withheld available resources to pay for the care of his parents. Respondent moved to dismiss the petition on the ground that the General Obligations Law does not apply and that petitioner lacks standing to commence this special proceeding. Supreme Court denied the motion. We affirm.

Section 5-1510 (3) of the General Obligations Law provides that “[a] special proceeding may be commenced . . . [by] the agent, the spouse, child or parent of the principal, the principal’s successor in interest, or any third party who may be required to accept a power of attorney” (emphasis added). Furthermore, General Obligations Law § 5-1512 provides, inter alia, that “a power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdic *1935 tion or the law of this state is valid in this state, regardless of whether the principal is a domiciliary of this state.” Consequently, we conclude that the above two statutory provisions confer standing on petitioner to commence this special proceeding. Contrary to respondent’s contention, General Obligations Law § 5-1501C (11) does not alter our conclusion.

Respondent’s remaining contention is raised for the first time on appeal and thus is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]).

Present — Carni, J.P., Curran, Troutman, Winslow and Scudder, JJ.

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2017 NY Slip Op 5354, 151 A.D.3d 1934, 54 N.Y.S.3d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-jewish-home-of-rochester-v-dworkin-nyappdiv-2017.

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