Legal Opinion

In re the Estate of Sommer

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1992PublishedCited by 2 opinions

1Opinion of the Court

*763The Surrogate properly denied the petitioner’s motion to remove the Guardian ad Litem, inasmuch as the petitioner failed to file an affidavit of standing with the court as mandated by SCPA 402 (1) despite repeatedly being advised that such a filing was required. In any event, as accurately noted by the Surrogate, the motion was devoid of merit and was virtually identical to another motion to remove the Guardian ad Litem which the court had denied on the merits only a few months prior to the making of this motion. Additionally, the record supports the Surrogate’s determination that the…

2Cases cited1 opinion

  1. In re SommerAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. Sommer v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1993
  2. In re SommerAppellate Division of the Supreme Court of the State of New York · 1992

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