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Muser v. Muser

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
192 A.D.3d 429 (N.Y. App. Div. 2021)

Opinion

13273 Index No. 500123/2019 Case No. 2020-03080

03-04-2021

In the MATTER OF Howard MUSER, Petitioner, For the Appointment of a Guardian for the Person and Property of Judith Brook, An Alleged Incapacitated Person, Adam Brook, Petitioner–Appellant, v. Howard Muser, Petitioner–Respondent.

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.


Summaries of

Muser v. Muser

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
192 A.D.3d 429 (N.Y. App. Div. 2021)
Case details for

Muser v. Muser

Case Details

Full title:In the Matter of Howard Muser, Petitioner, for the Appointment of a…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 4, 2021

Citations

192 A.D.3d 429 (N.Y. App. Div. 2021)
192 A.D.3d 429
2021 N.Y. Slip Op. 1332