Matter of A.M.H., 2024 NY Slip Op 03457 [228 AD3d 559]

June 25, 2024

Appellate Division, First Department

[*1]

In the Matter of A.M.H., an Incapacitated Person. John E.H. IV, Appellant,

v

Susan S. Brown et al., Respondents.

John E. Hutchinson IV, appellant pro se.

Laurie Maxis, New York, for respondent.

Order, Supreme Court, New York County (Kelly O’Neill Levy, J.), entered on or about September 14, 2023, which confirmed the March 31, 2023 amended Referee’s report of Laurie Maxis, Esq., granted Michael Fenton, Esq.’s (property guardian for AMH) motion to settle his final account and discharge him as property guardian, and awarded Fenton, Maxis, and Fenton’s counsel, Sabrina Morrissey, Esq., fees for their services, unanimously affirmed, with costs.

AMH was adjudicated on her consent as a person in need of a guardian under article 81 of the Mental Hygiene Law. Petitioner John E.H. IV (John) is one of AMH’s three children. John contends that the property guardian’s final accounting improperly excluded a $250,000 withdrawal from an AMH investment account at J.P. Morgan Chase made on March 30, 2016, AMH’s jewelry collection, and payments made in partial satisfaction of a deed of trust on a property in Virginia. The motion court appropriately addressed the final account’s treatment of each of these assets, noting that purported discrepancies were resolved or clarified by the amended Referee’s report and amended report of the successor guardian and/or directing that they be addressed in future accountings ( see Matter of Shauntray T. [Margaret T.] , 176 AD3d 719 , 719 [2d Dept 2019] [“(a) party who objects to a guardian’s final account has the initial burden of coming forward with evidence . . . the amounts set forth are inaccurate or incomplete”]).

We have considered petitioner’s remaining contentions find them unavailing. Concur—Kern, J.P., Singh, Scarpulla, Pitt-Burke, Higgitt, JJ..