DC v. Selfhelp Community Services, Inc.

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about March 3, 2016, which, to the extent appealed from as limited by the briefs, restored the guardianship proceeding to the calendar, reappointed the same court evaluator, and ordered an initial guardianship hearing on the petition, unanimously reversed, on the law, without costs, and the order vacated.

There was no basis to restore the proceeding, to reappoint the court evaluator or to schedule a hearing, because there was no request for this relief. Indeed, HRA has determined that DC is no longer eligible for adult protective services because she has “sufficient mental and physical capacity.”

Concur — Friedman, J.R, Renwick, Andrias, Moskowitz and Gesmer, JJ.