March 10, 2021

Appellate practice.

This appeal from an order appointing a temporary independent Guardian for the Alleged Incapacitated Person (AIP) and vacating her power of attorney and health care proxy in favor of appellant was unanimously dismissed as moot, as the AIP died during the pendency of the appeal. Appellant argues that the adverse finding concerning his handling of the AIP's affairs will affect him in the future, but he fails to indicate how he will be adversely affected. Any issues concerning the future award of fees to the temporary guardian may be raised in the event of an appeal of that award.

Matter of Muser v. Muser, NY Slip Op 01332 (1st Dep't March 4, 2021)

Here is the decision.