In re Burns

—Graffeo, J.

Appeal from an order of the Supreme Court (Caruso, J.), entered November 6,1998 in Schenectady County, which, in a proceeding pursuant to Mental Hygiene Law article 81, upon reargument, inter alia, adhered to its prior decision granting petitioner’s motion for gift-giving.

On October 18, 1999, during the pendency of this appeal, Marion W. Burns (hereinafter Burns) died at the age of 84 while a resident of a nursing home. She was unmarried and had no children. Burns was adjudicated an incapacitated person under Mental Hygiene Law article 81 in July 1996. Petitioner was duly…