In re Ass'n for Retarded Citizens

Appellate Division of the Supreme Court of New York

In re Ass'n for Retarded Citizens

94 A.D.2d 958, 464 N.Y.S.2d 84, 1983 N.Y. App. Div. LEXIS 24775

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 25, 1983

StatusPublished

Cited by1 cases

This text of 94 A.D.2d 958 (In re Ass'n for Retarded Citizens) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Ass'n for Retarded Citizens, 94 A.D.2d 958, 464 N.Y.S.2d 84, 1983 N.Y. App. Div. LEXIS 24775 (N.Y. Ct. App. 1983).

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Opinion

. Order unanimously affirmed, without costs. Memorandum: We agree that petitioner lacks standing to seek amendment of the conservatorship order. Petitioner’s remedy as “friend” of the conservatee (Mental Hygiene Law, § 77.03, subd [a], par [3]) is limited to seeking removal of the conservators (Mental Hygiene Law, § 77.33) for failure to propose and execute a plan “to insure the preservation, maintenance, and care of the proposed conservatee’s income, assets and personal well-being, including the provision of necessary personal and social protective services” (Mental Hygiene Law, § 77.03, subd [c], par [3]; § 77.19, subd [3]; § 77.29) and appointment of a new conservator. (Appeal from order of Orleans County Court, Miles, J. — dismiss petition.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

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. Order unanimously affirmed, without costs. Memorandum: We agree that petitioner lacks standing to seek amendment of the conservatorship order. Petitioner’s remedy as “friend” of the conservatee (Mental Hygiene Law, § 77.03, subd [a], par [3]) is limited to seeking removal of the conservators (Mental Hygiene Law, § 77.33) for failure to propose and execute a plan “to insure the preservation, maintenance, and care of the proposed conservatee’s income, assets and personal well-being, including the provision of necessary personal and social protective services” (Mental Hygiene Law, § 77.03, subd [c], par [3]; § 77.19, subd [3]; § 77.29) and appointment of a new conservator. (Appeal from order of Orleans County Court, Miles, J. — dismiss petition.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

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Bluebook (online)

94 A.D.2d 958, 464 N.Y.S.2d 84, 1983 N.Y. App. Div. LEXIS 24775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-assn-for-retarded-citizens-nyappdiv-1983.

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