Opinion
Motion 2022-00686A 2022-008402022-00997A
04-26-2022
In the Matter of Edgar Valentine Loew, An Incapacitated Person. Index No. 500294/18 Case Nos. 2022-00247, 2022-00958, 2022-01285
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Ellen Gesmer Manuel J. Mendez Julio Rodriguez III, Justices.
An order of a Justice of this Court having been entered simultaneously herewith granting the applications of Judy S. Mock, Esq. (M-2022-00686) and Gary Elias, Esq. (M-2022-00997), pursuant to CPLR 5701(c), for leave to appeal to the Appellate Division, First Department, from orders of Supreme Court, New York County, entered on or about August 24, 2021 (Case No. 2022-00247), which appointed a Special Guardian, and on or about February 24, 2022 (Case No. 2022-00958), which, among other things, removed Judith S. Mock, Esq., as Guardian of the Person and Property of Edgar Valentine Loew, an incapacitated person, and Gary Elias, Esq., as Mr. Loew's court appointed counsel, and appointed Donald Duboulay, Esq, as new counsel to Mr. Loew, And an appeal having been taken by respondent-appellant, Rachida Naciri, from an amended order, same court, entered March 8, 2022, which appointed Katherine B. Huang, Esq., as Successor Guardian (Case No. 2022-01285), And prior guardian-appellant, Judy S. Mock having moved for an order staying enforcement of the aforesaid order entered on or about August 24, 2021, pending the hearing and determination of the appeal therefrom, and remanding the matter to a different Justice of the Supreme Court (M-2020-00686A), And prior guardian-appellant, Judy S. Mock having moved for an order staying enforcement of the aforesaid order entered on or about February 24, 2022, pending the hearing and determination of the appeal therefrom, remanding the matter to a different Justice of the Supreme Court, and reinstating Judy S. Mock, Esq. as Guardian of the Person and Property of Edgar Valentine Loew, an incapacitated person (M-2022-00840), And Gary Elias, Esq. having moved for an order staying enforcement of the aforesaid orders entered on or about August 24, 2021 and on or about February 24, 2022, pending the hearing and determination of the appeal therefrom, and remanding the matter to a different Justice of the Supreme Court (M-2022-00997A), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motions are granted to the extent of staying, pending the hearing and determination of the aforesaid appeals, on condition the appeals are perfected for the September 2022 Term: (1) the removal of Judy S. Mock, Esq. as Guardian of the Person and Property of Edgar Valentine Loew, an incapacitated person, and Gary Elias, Esq., as Mr. Loew's court appointed counsel, and the appointment Kathleen Huang, Esq., as Successor Guardian and Donald Duboulay, Esq. as new appointed counsel for Mr. Lowe; and (2) the powers granted to the Special Guardian by subsection iii of the second decretal paragraph of the order entered on or about August 24, 2021 (setting forth the powers of the Special Guardian). The motions are otherwise denied.