Daniel G. Fish, partner with McLaughlin & Stern. Courtesy photo Voluntary Discontinuance of a Guardianship Proceeding
Two recent opinions cast doubt upon the applicability of CPLR Section 3217, (voluntary discontinuance) to guardianship cases, writes contributor Daniel G. Fish.
February 15, 2023 at 12:12 PM
7 minute read
Guardianship cases tend to be highly emotional family-centered matters and a change of position and desire to discontinue the case is not unusual. In fact, the petition may provide the impetus to resolve the underlying issues that led to the filing. Withdrawing a guardianship petition is more complicated than a review of the CPLR would suggest. The conundrum is a result of the tension between the desire to terminate resolved cases and the risk of allowing the withdrawal of a case where a vulnerable person is left unprotected. Two recent opinions cast doubt upon the applicability of CPLR Section 3217, (voluntary discontinuance) to guardianship cases.
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