No. 25-317

Estate of J. B., et al. v. Howard Muser, et al.

Lower Court: New York
Docketed: 2025-09-17
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-rights due-process guardianship incapacitation judicial-proceeding
Key Terms:
ERISA DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-11-21
Question Presented (AI Summary)

Does an alleged incapacitated person have a constitutional right to be present at her own guardianship proceeding?

Question Presented (OCR Extract)

1. Does an alleged incapacitated person have a constitutional right to, at a minimum, be present at her own guardianship proceeding?

Docket Entries

2025-11-24
Petition DENIED.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-07
Waiver of right of respondent Mental Hygiene Legal Service to respond filed.
2025-10-01
Waiver of LEWIS FISHLIN of right to respond submitted.
2025-10-01
Waiver of right of respondent LEWIS FISHLIN to respond filed.
2025-09-12
Petition for a writ of certiorari filed. (Response due October 17, 2025)
2025-08-04
Application (25A134) granted by Justice Sotomayor extending the time to file until September 12, 2025.
2025-07-30
Application (25A134) to extend the time to file a petition for a writ of certiorari from August 13, 2025 to September 12, 2025, submitted to Justice Sotomayor.

Attorneys

Estate of J.B., et al.
Randall Lee KallinenKallinen Law PLLC, Petitioner
LEWIS FISHLIN
Lewis H. FishlinFISHLIN & FISHLIN, PLLC, Respondent
Mental Hygiene Legal Service
Sadie IsheeMental Hygiene Legal Service, Respondent