Opinion
March 13, 1997.
Appeal from order and judgment (one paper), Supreme Court, New York County (Emily Goodman, J.), entered April 3, 1996, which upon petitioner's consent, appointed a neutral stranger to act as guardian for the alleged incapacitated person, unanimously dismissed, without costs.
Before: Murphy, P.J., Williams, Tom and Mazzarelli, JJ.
The appeal is rendered academic by the alleged incompetent person's death ( see, Matter of Thomas, 21 NY2d 720; Matter of Glener, 202 AD2d 503). Were we to review the matter, we would find that in light of the continued animosity between petitioner and cross-petitioner, the court's appointment of a neutral stranger to act as the alleged incompetent person's guardian was a proper exercise of discretion ( cf., Matter of Weisman, 112 AD2d 871).