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In re Kiriakoula C. (Anonymous)

Supreme Court of New York, Second Department

December 18, 2013

In the Matter of Kiriakoula C. (Anonymous).
v.
Alfreida B. Kenny, etc., petitioner; and John F. Gangemi, nonparty-appellant. Index No. 100105/12

John F. Gangemi PLLC, Brooklyn, N.Y., for nonparty-appellant.

REINALDO E. RIVERA, J.P., MARK C. DILLON, CHERYL E. CHAMBERS, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In a guardianship proceeding pursuant to Mental Hygiene Law article 81, nonparty John F. Gangemi appeals from an order of the Supreme Court, Kings County (Barros, J.), dated July 17, 2012, which relieved him as counsel for Kiriakoula C., the subject incapacitated person.

ORDERED that the appeal is dismissed, without costs or disbursements.

In an order dated July 17, 2012, the Supreme Court relieved the appellant as counsel for the incapacitated person who is the subject of this proceeding. The order is not appealable as of right, as it did not decide a motion made on notice (see CPLR 5701; Sholes v Meagher, 100 N.Y.2d 333, 335). No application was made for permission to appeal and, under the circumstances of this case, we decline to grant leave to appeal on our own motion (see HSBC Mtge. Servs. v James, 88 A.D.3d 651; cf. Wells Fargo Bank, N.A. v Meyers, 108 A.D.3d 9, 16; Sena v Nationwide Mut. Fire Ins. Co., 198 A.D.2d 345). Accordingly, the appeal must be dismissed.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.


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