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

Paid petition · Court of Appeals of New York, No. SSD 19, SD20 · judgment May 15, 2025

Certiorari denied · November 24, 2025
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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

Counsel of record

For petitioner
Randall Lee Kallinen
Kallinen Law PLLC

For respondent
Lewis H. Fishlin
FISHLIN & FISHLIN, PLLC

Case

Conference history
Distributed for 1 conference

Linked docket
25A134

Proceedings

  1. Nov 24 2025
    Petition DENIED.
  2. Nov 05 2025
    DISTRIBUTED for Conference of 11/21/2025.
  3. Oct 07 2025
    Waiver of right of respondent Mental Hygiene Legal Service to respond filed.
    Main Document
  4. Oct 01 2025
    Waiver of right of respondent LEWIS FISHLIN to respond filed.
    Main DocumentMain Document
  5. Sep 12 2025
    Petition for a writ of certiorari filed. (Response due October 17, 2025)
    PetitionCertificate of Word CountProof of Service
  6. Aug 04 2025
    Application (25A134) granted by Justice Sotomayor extending the time to file until September 12, 2025.
  7. Jul 30 2025
    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.
    Main DocumentOtherOther