Matter of Carl KK.
2007 NY Slip Op 05991 [42 AD3d 704]
July 12, 2007
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


In the Matter of Carl KK., a Person Alleged to be Incapacitated. Sharon II. et al., Respondents; Carl KK., Respondent. Scott KK. et al., Appellants.

—[*1] Konstanty Law Office, Oneonta (James E. Konstanty of counsel), for Scott KK. and another, appellants.

Levene, Gouldin & Thompson, L.L.P., Binghamton (Greg S. Catarella of counsel), for Sharon II. and another, respondents. Kane, J. Appeal from an order and judgment of the Supreme Court (Peckham, J.), entered June 20, 2006 in Delaware County, which granted petitioners' application, in a proceeding pursuant to Mental Hygiene Law article 81, to appoint a guardian for the person and property of respondent.

At the conclusion of a hearing in this proceeding pursuant to Mental Hygiene Law article 81, Supreme Court found that respondent, Carl KK., was an incapacitated person and appointed petitioners as his guardians. Respondent's death during the pendency of this appeal renders the appeal moot (see Matter of Ida S., 1 AD3d 440, 441 [2003]; Matter of Klasson, 290 AD2d 223, 223 [2002]; Matter of Rose BB., 246 AD2d 820, 821 [1998]).

Crew III, J.P., Peters, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.