IN RE RICHARD F. STRASSER, pet — FRANCINE STRASSER pet-ap — v. JEFFREY A. ASHER, res-res

14748. IN RE RICHARD F. STRASSER, pet — FRANCINE STRASSER pet-ap — v. JEFFREY A. ASHER, res-res — Greenberg & Wilner, LLP, New York (Harvey L. Greenberg of counsel), for ap — Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York (Philip T. Simpson of counsel), for res — Order, Supreme Court, New York County (Laura Visitacion-Lewis, J.), entered on or about July 17, 2014, which, to the extent appealed from as limited by the briefs, disqualified Harvey L. Greenberg, Esq. from representing Francine Strasser and Ika Brakha, the co-guardians of Edward Strasser (Mr. Strasser) the alleged incapacitated person, and ordered that the co-guardians may not be jointly represented by counsel in this matter, affirmed, without costs.

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14748. IN RE RICHARD F. STRASSER, pet — FRANCINE STRASSER pet-ap — v. JEFFREY A. ASHER, res-res — Greenberg & Wilner, LLP, New York (Harvey L. Greenberg of counsel), for ap — Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York (Philip T. Simpson of counsel), for res — Order, Supreme Court, New York County (Laura Visitacion-Lewis, J.), entered on or about July 17, 2014, which, to the extent appealed from as limited by the briefs, disqualified Harvey L. Greenberg, Esq. from representing Francine Strasser and Ika Brakha, the co-guardians of Edward Strasser (Mr. Strasser) the alleged incapacitated person, and ordered that the co-guardians may not be jointly represented by counsel in this matter, affirmed, without costs.

In this guardianship proceeding, attorney Greenberg was initially appointed as counsel to Mr. Strasser, the alleged incapacitated person. After completion of his representation of Mr. Strasser, who was judicially declared an incapacitated person, the co-guardians of Mr. Strasser’s person, Francine Strasser and Ika Brakha – Mr. Strasser’s wife and a close family friend – retained Greenberg as counsel to assist them in trying to remove Jeffrey A. Asher, Esq., who was appointed guardian of the property. The co-guardians argue that Asher lacks standing on this appeal because he was previously removed from his position as guardian. However, the motion court’s July 17, 2014 order clearly indicates that “Jeffrey A. Asher, Esq., shall continue to serve as property guardian for a transition period pending the appointment of a successor property guardian [....]” The co-guardians neither assert nor submit evidence indicating that a successor property guardian has been appointed.

IN RE RICHARD F. STRASSER, pet — FRANCINE STRASSER pet-ap — v. JEFFREY A. ASHER, res-res

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