In re Avery

Appellate Division of the Supreme Court of New York

In re Avery

93 A.D.2d 886, 461 N.Y.S.2d 734, 1983 N.Y. App. Div. LEXIS 17770

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

DecidedApril 25, 1983

StatusPublished

This text of 93 A.D.2d 886 (In re Avery) 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.

Bluebook

In re Avery, 93 A.D.2d 886, 461 N.Y.S.2d 734, 1983 N.Y. App. Div. LEXIS 17770 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In a proceeding pursuant to article 77 of the Mental Hygiene Law, Anna Arroyo, conservator of the estate of Cassandra Avery, appeals from an order of the Supreme Court, Queens County (Buschmann, J.), dated November 23, 1982, which denied her motion to transfer the proceeding from the Supreme Court, Queens County, to the Supreme Court, Nassau County. Order reversed, without costs or disbursements, appellant’s motion granted and proceeding transferred to the Supreme Court, Nassau County. At the time the instant proceeding was commenced, the conservatee resided with the appellant conservator in Nassau County in the Tenth Judicial District. Appellant commenced this proceeding in the Supreme Court, Queens County, apparently for convenience, because an action on behalf of the conservatee for damages for medical malpractice was then pending in the Supreme Court, Queens County. That action has been settled. At the present time, the conservatee, appellant, and her attorneys are all located in Nassau County. [887]*887Therefore, the proceeding should be transferred to that county (see Mental Hygiene Law, § 77.05). Titone, J. P., Thompson, Rubin and Boyers, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In a proceeding pursuant to article 77 of the Mental Hygiene Law, Anna Arroyo, conservator of the estate of Cassandra Avery, appeals from an order of the Supreme Court, Queens County (Buschmann, J.), dated November 23, 1982, which denied her motion to transfer the proceeding from the Supreme Court, Queens County, to the Supreme Court, Nassau County. Order reversed, without costs or disbursements, appellant’s motion granted and proceeding transferred to the Supreme Court, Nassau County. At the time the instant proceeding was commenced, the conservatee resided with the appellant conservator in Nassau County in the Tenth Judicial District. Appellant commenced this proceeding in the Supreme Court, Queens County, apparently for convenience, because an action on behalf of the conservatee for damages for medical malpractice was then pending in the Supreme Court, Queens County. That action has been settled. At the present time, the conservatee, appellant, and her attorneys are all located in Nassau County. [887]*887Therefore, the proceeding should be transferred to that county (see Mental Hygiene Law, § 77.05). Titone, J. P., Thompson, Rubin and Boyers, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

93 A.D.2d 886, 461 N.Y.S.2d 734, 1983 N.Y. App. Div. LEXIS 17770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-avery-nyappdiv-1983.