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IN THE MATTER OF BELL-KLIGLER

57 A.D.3d 397 (2008)

869 N.Y.S.2d 486

In the Matter of ROBERTA BELL-KLIGLER et al., Respondents, for the Appointment of a Guardian of the Person and Property of ARLINE BELL, an Alleged Incapacitated Person. EVAN BELL, Cross Petitioner-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 23, 2008.

Cross petitioner failed to demonstrate by clear and convincing evidence that the sale of property by the AIP (his mother) to him at a price significantly less than market value was voluntarily and understandingly made, and fair and free of undue influence (see Matter of Gordon v Bialystoker Ctr. & Bikur Cholim, 45 N.Y.2d 692, 695-696 [1978]). The record shows that the sale of the property was made just one week after the AIP...

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