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HAMILL v. HAMILL

584 CA 23-00535.

218 A.D.3d 1371 (2023)

193 N.Y.S.3d 588

2023 NY Slip Op 04080

Christopher Hamill, Respondent, v. Phyllis Hamill, Appellant, et al., Defendant. (Appeal No. 1.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

HAGERTY & BRADY, BUFFALO (DANIEL J. BRADY OF COUNSEL), FOR DEFENDANT-APPELLANT.

RUPP PFALZGRAF LLC, BUFFALO (JAMES GRABER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Dennis E. Ward, J.), entered March 27, 2023. The order, inter alia, appointed a guardian ad litem for defendant Phyllis Hamill.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the appointment of the guardian ad litem is vacated, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiff...

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