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Matter of Carmen

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 2006
32 A.D.3d 951 (N.Y. App. Div. 2006)

Opinion

2004-09286.

September 19, 2006.

In a proceeding pursuant to Mental Hygiene Law article 81 for the appointment of a guardian of the person and property of an alleged incapacitated person, the appeal is from an order of the Supreme Court, Kings County (Pesce, J.), dated September 17, 2003, which appointed a temporary guardian of the person and property of the alleged incapacitated person.

Carol Kahn, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Ronald E. Sternberg of counsel), for respondent.

Before: Florio, J.P., Ritter, Goldstein and Lifson, JJ.


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

Subsequent to the entry of the order appealed from, the Supreme Court issued an order appointing a guardian, dated September 14, 2004. By its express terms, the order appealed from expired upon the issuance of the subsequent order. Accordingly, the instant appeal must be dismissed as academic ( see generally Matter of John S., 26 AD3d 870; Matter of Anthony O., 8 AD3d 573; Gillard-Holmes v Persico, 225 AD2d 519).


Summaries of

Matter of Carmen

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 2006
32 A.D.3d 951 (N.Y. App. Div. 2006)
Case details for

Matter of Carmen

Case Details

Full title:In the Matter of CARMEN P., Appellant. VERNA EGGLESTON, Respondent

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

Date published: Sep 19, 2006

Citations

32 A.D.3d 951 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6584
820 N.Y.S.2d 809