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IN THE MATTER OF ESTHER RUDICK. SAMUEL RUDICK, APPELLANT; SANDRA ROSENTHAL BLAIR, RESPONDENT.

DECISION ORDER

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court appointed Sandra Rosenthal Blair as sole guardian for the personal needs and property of her mother, Esther Rudick, an incapacitated person, following a hearing on the petition brought by her son, the appellant Samuel Rudick (see, Mental Hygiene Law § 81.19[d]). The primary concern is for the best interests of the incapacitated person (see, Matter of Von Bulow, 63 N.Y.2d 221, 224). The appellant contends that family conflicts require the appointment of an independent person as guardian. The Supreme Court, however, providently exercised its discretion in appointing Sandra Rosenthal Blair as guardian based on the evidence regarding the quality of care she provided to her mother (see, Matter of Robinson, 272 A.D.2d 176; Matter of Chase, 264 A.D.2d 330; Matter of Steinberg, 121 A.D.2d 872).

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MATTER OF RUDICK
(Dec 12, 2000)