Matter of Kiriakoula C.

2013 NY Slip Op 08436 [112 AD3d 821]

December 18, 2013

Appellate Division, Second Department

As corrected through Wednesday, January 29, 2014

In the Matter of Kiriakoula C. Alfreida B. Kenny, Esq., asGuardian ad Litem of Kiriakoula C., Petitioner. John F. Gangemi, NonpartyAppellant.

—[*1]John F. Gangemi PLLC, Brooklyn, N.Y., for nonparty appellant.

In a guardianship proceeding pursuant to Mental Hygiene Law article 81, nonpartyJohn F. Gangemi appeals from an order of the Supreme Court, Kings County (Barros, J.),dated July 17, 2012, which relieved him as counsel for Kiriakoula C., the subjectincapacitated person.

Ordered that the appeal is dismissed, without costs or disbursements.

In an order dated July 17, 2012, the Supreme Court relieved the appellant as counselfor the incapacitated person who is the subject of this proceeding. The order is notappealable as of right, as it did not decide a motion made on notice (see CPLR5701; Sholes v Meagher, 100 NY2d 333, 335 [2003]). No application was madefor permission to appeal and, under the circumstances of this case, we decline to grantleave to appeal on our own motion (see HSBC Mtge. Servs., Inc. v James, 88 AD3d 651[2011]; cf. Wells Fargo Bank,N.A. v Meyers, 108 AD3d 9, 16 [2013]; Sena v Nationwide Mut. Fire Ins.Co., 198 AD2d 345 [1993]). Accordingly, the appeal must be dismissed. Rivera,J.P., Dillon, Chambers and Hinds-Radix, JJ., concur.