Angelique M.B. v. Vision

In a guardianship proceeding in which Betty Lawrence Lewis, the guardian of the property and a coguardian of the person of Daniel B., an incapacitated person, petitioned pursuant to Mental Hygiene Law § 81.43 to recover certain property withheld from the estate of the incapacitated person, nonparties David Vision and Mutiya Vision appeal from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated June 26, 2013, which denied their motion for summary judgment dismissing the petition.

Ordered that the order is affirmed, with costs.

In January 2012, Angelique M.B. petitioned, inter alia, for the appointment of a guardian of the person and property of her father, Daniel B., an incapacitated person. In April 2012, Betty Lawrence Lewis was appointed as the guardian of the property and a coguardian, with Angelique M.B., of the person of Daniel B. Subsequently, Lewis filed a petition pursuant to Mental Hygiene Law § 81.43 seeking, inter alia, the turnover of certain funds allegedly held by David Vision and Mutiya Vision (hereinafter together the appellants) belonging to Daniel B. After the first day of testimony at a nonjury trial, the appellants moved for summary judgment dismissing the petition. The Supreme Court denied the motion, finding that triable issues of fact existed. We affirm, but on a different ground.

The appellants submitted an untimely motion for summary

In light of our determination, we need not reach the appellants’ remaining contention. Rivera, J.R, Balkin, Roman and Sgroi, JJ., concur.