IN RE: A.C.W. (2026)

A.C.W., New York, appellant pro se.

Barker Patterson Nichols, LLP, Valhalla (Adonaid C. Medina of counsel), for respondent.

Order, Supreme Court, New York County (Phaedra Perry–Bond, J.), entered on or about August 15, 2024, which denied petitioner's motion to remove Allied Community Support Services as successor guardian of the person and property of the Incapacitated Person (IP), to reappoint her as successor guardian, and to transfer the IP back to the community, unanimously deemed withdrawn, without costs, upon the stipulation of the parties hereto dated January 14, 2026, in which petitioner agreed to withdraw the instant appeal by January 16, 2026.

The so-ordered stipulation in which petitioner agreed to withdraw the appeal was definite and complete upon its face and constituted a valid and binding contract that should be enforced as written.  Thus, there is no good cause to set aside the agreement to withdraw (see Barclay v. Citibank, N.A., 136 AD3d 551, 551 [1st Dept 2016], lv dismissed 27 NY3d 1077 [2016] ).

M–01163 – In the Matter of A.W.

Motion to deem petitioner's appeal withdrawn, granted.