FRANK A. L. (ANONYMOUS), ETC., res-ap, v. MARJORIE VACCARELLI APPELLANTS-res

MATTER OF FRANK A. L. (ANONYMOUS), ETC., res-ap, v. MARJORIE VACCARELLI APPELLANTS-res — (INDEX NO. 29277/09)In a guardianship proceeding in which the guardian of the person and property of Rose L., an incapacitated person, petitioned pursuant to Mental Hygiene Law §81.43 to recover certain property withheld from the estate of the incapacitated person, Marjorie Vaccarelli and Constance Macchia, as executor of the estate of Florence Trotta, appeal from a judgment of the Supreme Court, Nassau County (Diamond, J.), dated September 2, 2011, which is in favor of the petitioner and against them in the total sum of $391,021.56, and the petitioner from so much of the same judgment as awarded him the sum of only $391,021.56, and failed to award him prejudgment interest.

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MATTER OF FRANK A. L. (ANONYMOUS), ETC., res-ap, v. MARJORIE VACCARELLI APPELLANTS-res — (INDEX NO. 29277/09)In a guardianship proceeding in which the guardian of the person and property of Rose L., an incapacitated person, petitioned pursuant to Mental Hygiene Law §81.43 to recover certain property withheld from the estate of the incapacitated person, Marjorie Vaccarelli and Constance Macchia, as executor of the estate of Florence Trotta, appeal from a judgment of the Supreme Court, Nassau County (Diamond, J.), dated September 2, 2011, which is in favor of the petitioner and against them in the total sum of $391,021.56, and the petitioner from so much of the same judgment as awarded him the sum of only $391,021.56, and failed to award him prejudgment interest.

ORDERED that the judgment is modified, on the law, by adding a provision thereto awarding the petitioner prejudgment interest on the award of $391,021.56 pursuant to CPLR 5001 and 5002; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for the calculation of prejudgment interest in accordance herewith, and the entry of an appropriate amended judgment thereafter.

FRANK A. L. (ANONYMOUS), ETC., res-ap, v. MARJORIE VACCARELLI APPELLANTS-res

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