In re Scotti

Appellate Division of the Supreme Court of New York

In re Scotti

273 A.D. 992, 78 N.Y.S.2d 713, 1948 N.Y. App. Div. LEXIS 5634

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

DecidedMay 4, 1948

StatusPublished

This text of 273 A.D. 992 (In re Scotti) 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 Scotti, 273 A.D. 992, 78 N.Y.S.2d 713, 1948 N.Y. App. Div. LEXIS 5634 (N.Y. Ct. App. 1948).

Pincite

Opinion

The order appealed from should be modified by directing the Special Term to take evidence with respect to the mental health of the alleged incompetent on which to base the discharge of his committee, who is objecting to such an order. She should be given the opportunity of cross-examining the medical experts for the petitioner and b^ afforded an opportunity to have an examination of him by her own physician, who should have access to the medical history on file at the Rockland State Hospital. The issue, of course, is whether he is capable of conducting the ordinary affairs of business and of life. It may be noted that she is committee of his person as well as of his property. (Matter of Gibson, 272 App. Div. 107; Matter of Ireland, 246 App. Div. 113.) As so modified the order is affirmed, without costs. Present — Peck, P. J., Dore, Cohn, Callahan and Van Yoorhis, JJ.; Cohn, J., dissents and votes to affirm. Settle order on notice.

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The order appealed from should be modified by directing the Special Term to take evidence with respect to the mental health of the alleged incompetent on which to base the discharge of his committee, who is objecting to such an order. She should be given the opportunity of cross-examining the medical experts for the petitioner and b^ afforded an opportunity to have an examination of him by her own physician, who should have access to the medical history on file at the Rockland State Hospital. The issue, of course, is whether he is capable of conducting the ordinary affairs of business and of life. It may be noted that she is committee of his person as well as of his property. (Matter of Gibson, 272 App. Div. 107; Matter of Ireland, 246 App. Div. 113.) As so modified the order is affirmed, without costs. Present — Peck, P. J., Dore, Cohn, Callahan and Van Yoorhis, JJ.; Cohn, J., dissents and votes to affirm. Settle order on notice.

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Bluebook (online)

273 A.D. 992, 78 N.Y.S.2d 713, 1948 N.Y. App. Div. LEXIS 5634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-scotti-nyappdiv-1948.

Opinion

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