Matter of S. (Anonymous), John J.
Motion No: 2017-00925
Slip Opinion No: 2017 NY Slip Op 63086(U)
Decided on February 3, 2017
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M225716

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2017-00925

In the Matter of John J. S. (Anonymous).

Maria Seviroli, appellant.

(File No. 324482)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to authorize the monthly withdrawal of the sum of $4,166.67 from the guardianship funds for the support and education of the subject infant during the year 2017, and to allow David H. Peirez to continue to act as "co-guardian of the business property" of the subject infant and as counsel for the "guardian of the property" of the subject infant, pending hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated December 29, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to authorize the monthly withdrawal of the sum of $4,166.67 from the guardianship funds for the support and education of the subject infant during the year 2017 is granted, and the appellant is authorized to withdraw the sum of $4,166.67 monthly from the guardianship funds for the support and education of the subject infant during the year 2017 pending hearing and determination of the appeal or further order of the Surrogate's Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is to allow David H. Peirez to continue to act as "co-guardian of the business property" of the subject infant and as counsel for the "guardian of the property" of the subject infant is denied as unnecessary, as the order dated December 29, 2016, does not prohibit David H. Peirez from continuing to act in those capacities; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., MASTRO, HALL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court