Opinion
Motion No. 2022-02569 Index No. 500294/18 Case Nos. 2022-00247 2022-00958 2022-01285 2022-02628 2022-02741
06-16-2022
In the Matter of Edgar Valentine Loew, An Incapacitated Person.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Lizbeth González Manuel J. Mendez Bahaati E. Pitt John R. Higgitt, Justices.
Appeals having been taken from orders of Supreme Court, New York County, entered on or about August 24, 2021 (Case No. 2022-00247), which appointed a Special Guardian; on or about February 24, 2022 (Case No. 2022-00958), which, among other things, removed 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 appointed Donald Duboulay, Esq, as new counsel to Mr. Loew; on or about March 8, 2022 (Case No. 2022-01285), which appointed Katherine B. Huang, Esq., as Successor Guardian; on or about May 31, 2022 (Case No. 2022-02628), which directed Judy S. Mock, Esq., to file a surety bond; and on or about June 21, 2022 (Case No. 2022-02741), which directed the parties to appear for a hearing on, among other things, the Special Guardian's motion to remove Mock as guardian and Elias as court-appointed counsel of the incapacitated person, Rachida Naciri's motion to remove the Special Guardian, and petitioner Alison Loew's motion to dismiss Naciri's motion to remove the Special Guardian, And an order of this Court having been entered on April 26, 2022 (M-2022-00686A, 00840 and 00997A) staying, pending the hearing and determination of the pending appeals (Case Nos. 2022-00247, 2022-00958, 2022-01285) (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), on condition the appeals are perfected for the September 2022 Term,
And Judy S. Mock, Esq. having moved for an order (1) vacating the aforesaid 0rder entered on or about June 21, 2022 (Case No. 2022-02741), on the grounds that it violates this Court's Order entered April 26, 2022 (M-2022-00686A, 00840 and 00997A); (2) striking the report of the Special Guardian dated June 3, 2022, on the ground that it violates this Court's Order dated April 26, 2022; (3) remanding this matter to a different Justice of the New York County Supreme Court and staying all proceedings in this matter presently before Justice Carol Sharpe; and (4) modifying this court's order dated April 26, 2022 to set a new briefing schedule for the consolidated appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that the June 21, 2022 order is stayed insofar as it scheduled a hearing on the Special Guardian's motion to remove Mock and Elias, and is otherwise denied. The interim relief granted by order of a Justice of this Court, dated July 1, 2022, is vacated insofar as it stayed so much of the order as scheduled a hearing on Naciri's motion to remove the Special Guardian and Alison Loew's motion to dismiss Naciri's motion to remove the Special Guardian.