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In re Berrios

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2009
59 A.D.3d 726 (N.Y. App. Div. 2009)

Opinion

February 24, 2009.

In a proceeding pursuant to SCPA article 17-A to appoint a guardian for the person and property of Vanessa R., the petitioner appeals from an order of the Surrogate's Court, Richmond County (Fusco, S.), dated April 17, 2007, which granted the respondent's motion to dismiss the proceeding, without prejudice.

Before: Spolzino, J.P., Santucci, Balkin and Chambers, JJ.


Ordered that the order is affirmed, without costs or disbursements.

The petitioner commenced this proceeding pursuant to SCPA article 17-A to appoint a guardian for the person and property of Vanessa R. The Surrogate's Court properly granted the respondent's motion to dismiss the proceeding, without prejudice, on the ground that the appellant failed to provide the requisite affidavits from two doctors certifying that Vanessa R. cannot manage herself and/or her affairs ( see SCPA 1750).

The contentions raised in points III and VII of the appellant's brief involve matter dehors the record and are not properly before this Court.

The appellant's remaining contentions are without merit.


Summaries of

In re Berrios

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2009
59 A.D.3d 726 (N.Y. App. Div. 2009)
Case details for

In re Berrios

Case Details

Full title:In the Matter of VANESSA R. JESUS BERRIOS, Appellant; MENTAL HYGIENE LEGAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 24, 2009

Citations

59 A.D.3d 726 (N.Y. App. Div. 2009)
873 N.Y.S.2d 491

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Mr. Berrios is no stranger to this Court or the State courts. See In the Matter of Vanessa R., 59 A.D.3d 726,…

Berrios v. Henri

Indeed, MHLS attorneys represented Ms. Rivera in her opposition to Plaintiff's 2006 guardianship petition.…