IN RE: ANNETTE I. (Anonymous). (2006)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: ANNETTE I. (Anonymous). Verna Eggleston, etc., respondent; Wendy Johnston, nonparty-appellant.

Decided: November 08, 2006

ROBERT W. SCHMIDT, J.P., REINALDO E. RIVERA, PETER B. SKELOS, and ROBERT A. LIFSON, JJ.

Anthony M. Bramante, Brooklyn, N.Y., for nonparty-appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Ronald E. Sternberg of counsel), for respondent.

In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the person and property of Annette I., an alleged incapacitated person, the nonparty-appellant, Wendy Johnston, appeals from a resettled order and judgment (one paper) of the Supreme Court, Kings County (Barros, J.), entered August 9, 2004, which, inter alia, appointed a guardian for the person and property of Annette I.

ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the resettled order and judgment (see CPLR 5511).

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