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MATTER OF LANE

Index No. 8501-I-2021.

78 Misc.3d 268 (2022)

184 N.Y.S.3d 521

2022 NY Slip Op 22401

In the Matter of EMILY LANE, Petitioner, for the Appointment of a Guardian for the Personal Needs and Property Management of MICHELLE R., an Alleged Incapacitated Person.

Supreme Court, Nassau County.

Decided December 20, 2022.

Attorney(s) appearing for the Case

Andrew Cohen, Garden City, for petitioner.

Judith Powell, Jericho, temporary guardian.

David Smith, Garden City, for Michelle R.

Moriah Adamo, Lake Success, Court Evaluator.

James McGahan, Melville, Court Examiner.

OPINION OF THE COURT

The oral application by the petitioner daughter during the hearing of the proceeding at bar presented an issue of first impression in contested Mental Hygiene Law article 81 guardianship proceedings: whether the petitioner can discontinue the proceeding with, or without, a court order, pursuant to...

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