| Matter of John L.P. (Boykin\MTaylor) |
| 2010 NY Slip Op 03129 [72 AD3d 828] |
| April 13, 2010 |
| Appellate Division, Second Department |
| In the Matter of John L.P., Deceased, a Person Alleged to beIncapacitated. Samuel Boykin, Respondent; Emani P. Taylor,Appellant. |
—[*1] Paul A. Shneyer, P.C., New York, N.Y., for respondent.
In a guardianship proceeding pursuant to Mental Hygiene Law article 81, the former interimsuccessor guardian, Emani P. Taylor, appeals from a judgment of the Supreme Court, KingsCounty (Ambrosio, J.), dated July 28, 2008, which, upon an order of the same court dated June30, 2008, made after a hearing, awarding the estate of John L.P., the incapacitated person, amoney judgment against her, is in favor of the estate of John L.P. and against her in the principalsum of $403,148.86.
Ordered that the judgment is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretionin denying the request of the appellant, a recently suspended attorney, for an adjournment toobtain new counsel where the appellant consented to the withdrawal of her attorney at thecommencement of the hearing (see Hendry v Hilton, 283 App Div 168, 171 [1953]).Moreover, contrary to the appellant's contention, the interim stay provision in CPLR 321 (c) isinapplicable in cases such as this, where an attorney's removal is caused by the voluntary act ofboth the attorney and the client (see Hendry v Hilton, 283 App Div 168 [1953]).
In addition, the appellant's contention that the Supreme Court violated CPLR 321 (a) byforcing her Professional Corporations to proceed pro se also lacks merit. The hearing at issueconcerned only the appellant's misappropriation of funds, and the Professional Corporationswere not parties to the proceeding (see CPLR 321 [c]).
The appellant's remaining contention is without merit. Dillon, J.P., Santucci, Balkin andSgroi, JJ., concur. [Prior Case History: 20 Misc 3d 1111(A), 2008 NY Slip Op51316(U).]