Aziz v. Butt

Summary

The Appellate Division, Second Department affirmed an order denying Javaid Aziz permission to visit and communicate with his sister, Jamila Butt, and requiring him to obtain judicial approval before commencing further proceedings concerning her or her estate planning documents. The court held that Jamila Butt's power of attorney authorized Neelofar Butt to control access and that the record supported restrictions intended to prevent vexatious litigation.

Holdings

1. The Supreme Court properly denied the plaintiff's motion because Jamila Butt's power of attorney authorized Neelofar Butt to determine who could visit and communicate with Jamila, and the plaintiff established no basis to disturb Neelofar's exercise of that authority.
2. The Supreme Court providently exercised its discretion in requiring the plaintiff to obtain judicial approval before commencing any proceeding or action against Neelofar Butt concerning Jamila Butt or Jamila's estate-planning documents and, when seeking approval, to disclose all related legal actions in which he was a party.

Questions Presented

1. Whether the Supreme Court properly denied Javaid Aziz permission to visit and communicate with Jamila Butt where the power of attorney authorized Neelofar Butt to determine who could do so.
2. Whether the Supreme Court properly required Javaid Aziz to obtain judicial approval before commencing any further proceeding or action against Neelofar Butt concerning Jamila Butt or Jamila's estate-planning documents.

Disposition

affirmed