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In re De Menil

Supreme Court of the State of New York Appellate Division, First Judicial Department
Feb 25, 2021
2021 N.Y. Slip Op. 62326 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-00275

02-25-2021

In the Matter of the Application of George De Menil, Petitioner, For the Appointment of a Guardian of the Property of Adelaide De Menil, A Person Alleged to be Incapacitated.


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Anil C. Singh Tanya R. Kennedy Saliann Scarpulla, Justices. Index No. 500297/19
Case No. 2020-03958

An order of this Court having been entered on November 19, 2020 (M-3213A) , (i) granting a stay of the trial and all motions or applications addressing the substantive issues in the case and the capacity of the allegedly incapacitated person, Adelaide de Menil, on condition that the appeal is perfected for the May 2021 Term, (ii) directing that the temporary guardian may continue to provide services, as set forth in the Amended Temporary Restraining Order, dated December 27, 2019, and (iii) stating that the stay shall not affect the ability of the alleged incapacitated person to retain counsel, accountants or other professionals,

And petitioner-respondent, George De Menil, having moved for an order modifying the aforesaid stay of the underlying guardianship proceeding, and other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent that the order of this Court entered November 19, 2020 (M-3213A) is modified to direct that the temporary guardian may continue to provide services for the alleged incapacitated person's personal and financial needs as directed and supervised by Supreme Court. Pending the determination of the appeal, all interested individuals, including the appellants, may present or oppose any motion regarding the actions of the temporary guardian. ENTERED: February 25, 2021

/s/

Susanna Molina Rojas

Clerk of the Court


Summaries of

In re De Menil

Supreme Court of the State of New York Appellate Division, First Judicial Department
Feb 25, 2021
2021 N.Y. Slip Op. 62326 (N.Y. App. Div. 2021)
Case details for

In re De Menil

Case Details

Full title:In the Matter of the Application of George De Menil, Petitioner, For the…

Court:Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: Feb 25, 2021

Citations

2021 N.Y. Slip Op. 62326 (N.Y. App. Div. 2021)