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MATTER OF MUSER

Index No. 500123/19, Appeal No. 16225, Case Nos. 2020-04349, 2021-00693.

206 A.D.3d 563 (2022)

168 N.Y.S.3d 835

2022 NY Slip Op 04125

In the Matter of Howard Muser, Respondent, for the Appointment of a Guardian of the Person and Property of Judith Brook, ED.D., an Alleged Incapacitated Person. Adam Brook, M.D., PD.D. Cross Petitioner-Appellant.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Adam Brook, appellant pro se.

Huth Reynolds, LLP, Huntington (Karl C. Huth of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Higgitt, JJ.

The majority of petitioner's appeal is directed at challenging the appointment of a guardian in the first instance. However, the merits of the underlying guardianship application have already been the subject of an unsuccessful appeal before this Court (Matter of Muser v Muser, 192 A.D.3d 429 [1st Dept 2021], lv denied 37 N.Y.3d 914 [2021]), which we will not now disturb.

As to the merits of this appeal, Supreme Court providently exercised its discretion...

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