MHL ARTICLE 81 - New York State Unified Court System

L. Appeals
Matter of Barbara P., 8/6/2010, NYLJ, 40 (col 3.)(2nd Dept. 2010)
Appellate counsel was incorrectly assigned pursuant to Judiciary Law § 35 to represent an AIP in
an appeal from an order issued under MHL Article 81. The Appellate Division later corrected itself
to reflect that the appointment should have been made under MHL 81.10 and County Law 18-B.
In the Matter of V.W., 20 Misc.3d 1106A; 2008 NY Slip Op 51250U (Sup. Ct. Bronx Cty,
(Hunter, J.)
The original petitioner, who was found to be unfit to serve as guardian, by motion sought a copy of
the transcript and to have the court's file unsealed for the purpose of obtaining all orders contained
in the court file related to the guardianship matter in order to perfect his appeal. The court held that
the appeal could be made on a sealed record and since his inability to serve as guardian was a matter
of law decided by the court, he had not sufficiently demonstrated why a transcript of the entire
Article 81 hearing and other subsequent orders related to the guardianship would be relevant or
necessary for him to file his appeal. Therefore, his requests for a copy of the transcript and to unseal
the record to allow him to obtain copies of all orders contained in the file were denied.
Matter of Nelly M., 46 A.D.3d 904; 848 N.Y.S.2d 705 (2nd Dept. 2007)
Supreme Court appointed a temporary guardian without affording the attorney in fact notice and an
opportunity to be heard. The attorney in fact appealed. The Appellate Division held that since the
trial court subsequently made the appointment permanent after a hearing on notice to the appellant
the error complained of has been rendered academic.
Matter of Carl KK., 42 A.D.3d 704; 838 N.Y.S.2d 454; 2007 N.Y. App. Div. LEXIS 8376 (3rd
Dept. 2007)
Respondent’s death during the pendency of the appeal rendered the appeal moot and it was dismissed
as moot without costs.
Matter of Carmen P., 32 A.D.3d 951; 820 N.Y.S.2d 809; 2006 N.Y. App. Div. LEXIS 10852
Subsequent to entry and appeal of an order appointing a temporary guardian, an order was entered
appointing a plenary guardian. By its express terms, the order appointing a temporary guardian
expired upon issuance of an order appointing a guardian; therefore, the appeal of the order
appointing a temporary guardian was rendered academic.
In the Matter of Ollie D., 30 A.D.3d 599; 817 N.Y.S.2d 142 (2nd Dept. 2006)
Appellate Division found that although the trial court had made the appropriate findings of fact
pursuant to Mental Hygiene Law § 81.15 concerning, inter alia, the necessity for the appointment
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