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Matter of Levy

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1968
31 A.D.2d 532 (N.Y. App. Div. 1968)

Opinion

November 21, 1968


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.


Summaries of

Matter of Levy

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1968
31 A.D.2d 532 (N.Y. App. Div. 1968)
Case details for

Matter of Levy

Case Details

Full title:In the Matter of HENRIETTA LEVY, Respondent. EDWARD LEVY, an Alleged…

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

Date published: Nov 21, 1968

Citations

31 A.D.2d 532 (N.Y. App. Div. 1968)

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