| IN THE MATTER OF THE APPLICATION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND PROPERTY OF LOUIS D. H., A PERSON |
| Motion No: CA 08-00293 |
| Slip Opinion No: 2008 NYSlipOp 64926(U) |
| Decided on February 19, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, LUNN, AND FAHEY, JJ.
DOCKET NO. CA 08-00293
| IN THE MATTER OF THE APPLICATION FOR THE APPOINTMENT OF A
GUARDIAN OF THE PERSON AND PROPERTY OF LOUIS D. H., A PERSON ALLEGED TO BE INCAPACITATED. MARY ANN H.,
PETITIONER-APPELLANT; CARL F. H., RESPONDENT-RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Eugene F. Fahey on February 5, 2008, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on
February 1, 2008, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of Mary Ann H. sworn to February 4, 2008, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, to the extent that respondent is hereby stayed and restrained from removing Louis D. H. from life support pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before March 5, 2008, in which event,
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing March 31, 2008, and respondent's brief shall be filed and served on or before March 20, 2008.
Entered: February 19, 2008
JoAnn M. Wahl, Clerk