Opinion
13273 Index No. 500123/2019 Case No. 2020-03080
03-04-2021
Rachel Schulman, PLLC, Great Neck (Rachel Schulman of counsel), for appellant. Huth Reynolds, LLP, Huntington (Karl Huth of counsel), for respondent.
Rachel Schulman, PLLC, Great Neck (Rachel Schulman of counsel), for appellant.
Huth Reynolds, LLP, Huntington (Karl Huth of counsel), for respondent.
Renwick, J.P., Mazzarelli, Kennedy, Shulman, JJ.
Appeal from order, Supreme Court, New York County (Kelly O'Neill Levy, J.), entered January 3, 2020, insofar as it appointed a temporary independent Guardian for the Alleged Incapacitated Person (AIP) and vacated her 2006 power of attorney and health care proxy in favor of appellant Adam Brook, unanimously dismissed, without costs, as moot.
The AIP died on March 15, 2020, during the pendency of this appeal. Her death rendered this appeal, which concerns the appointment of a guardian of her person and property, moot (see Matter of Klasson, 290 A.D.2d 223, 735 N.Y.S.2d 757 [1st Dept. 2002] ).
Appellant argues that the adverse finding concerning his handling of the AIP's affairs will affect him in the future, but he fails to indicate how he will be adversely affected. Any issues concerning the future award of fees to the temporary guardian may be raised in the event of an appeal of that award.