Matter of Foley

Full title: In the Matter of WILLIAM J. FOLEY et al., Appellants. FLORENCE MESSINA…

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

Date published: May 11, 1989

150 A.D.2d 884 (N.Y. App. Div. 1989)

541 N.Y.S.2d 141

Opinion

May 11, 1989

Appeal from the Supreme Court, Albany County (McDermott, J.).

Casey, J.

Despite the parties' request that we decide this appeal, it is our opinion that the matter has been rendered moot by respondent William J. Foley's death and that dismissal is appropriate (cf., Matter of Storar, 52 N.Y.2d 363). Questions as to whether decedent needed a conservator and whether Supreme Court erred in its selection of a conservator are clearly moot, and since the issues are dependent entirely on the facts and circumstances of this case, they do not involve matters of recurring public interest. The appointment of the conservator and his service in that capacity prior to decedent's death are matters which cannot be undone. Questions concerning the propriety of the conservator's actions and his entitlement to fees are matters that can be addressed on an appropriate application by the conservator.

Appeal dismissed, as moot, without costs. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.