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Matter of Mazzeo

AIP Fails to Meet Criteria to Replace Court-Appointed Counsel With Privately-Retained One

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The following papers having been read on this motion:Order to Show Cause          1Opposition (Petitioner)        2Opposition (Court Evaluator)              3Reply 4

*1 The alleged incapacitated person, through her privately-retained counsel, moves this Court to permit the Law Offices of Thomas C. Haberlack, P.C., to be substituted as counsel for her, replacing court-appointed counsel, Giovanni L. Escobedo, Esq., who was appointed by this Court in an order dated October 5, 2017. Court-appointed counsel has not formally opposed the application, but he has refused to sign the consent to change attorney executed by the alleged incapacitated person and privately-retained counsel. Both petitioner and the court evaluator object to the relief requested. After review and consideration, the application is herein denied in its entirety.This matter came before the Court for a hearing on November 2, 2017. At that time, the alleged incapacitated person was residing with her grandchildren. Prior to the start of the proceedings, the Court was made aware that those grandchildren were, at first, very welcoming and accommodating to both the court evaluator and court-appointed counsel, arranging meetings and telephone calls as needed. As the hearing date approached, however, these grandchildren began isolating the alleged incapacitated person, limiting access for the court evaluator and her counsel without explanation. The court evaluator made this Court aware that her recommendation was going

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