In re the Appointment of a Commitee of the Person & Property of Beatty

Appellate Division of the Supreme Court of New York

In re the Appointment of a Commitee of the Person & Property of Beatty

21 A.D.2d 969, 252 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 3163

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 1964·Published

Opinion

Order, entered February 27, 1964, granting petition for the appointment of a committee for an incompetent person unanimously modified, on the law, on the facts, and in the exercise of discretion, to delete the court-designated committee and to substitute in her place the nominee recommended by the sisters of the incompetent, with $30 costs and disbursements to appellants against defendant-respondent, and the order is otherwise affirmed. There is no substantial objection to the nominee of the sisters which does not also apply presumably to the court-designated appointee. Under the circumstances, therefore, the wishes of the sisters should prevail in the absence of any showing of hostility by them or other hazard to the interest of the incompetent (Matter of West, 13 A D 2d 599, and cases cited; Matter of More, 268 App. Div. 1055). Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, Eager and Staley, JJ.

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Order, entered February 27, 1964, granting petition for the appointment of a committee for an incompetent person unanimously modified, on the law, on the facts, and in the exercise of discretion, to delete the court-designated committee and to substitute in her place the nominee recommended by the sisters of the incompetent, with $30 costs and disbursements to appellants against defendant-respondent, and the order is otherwise affirmed. There is no substantial objection to the nominee of the sisters which does not also apply presumably to the court-designated appointee. Under the circumstances, therefore, the wishes of the sisters should prevail in the absence of any showing of hostility by them or other hazard to the interest of the incompetent (Matter of West, 13 A D 2d 599, and cases cited; Matter of More, 268 App. Div. 1055). Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, Eager and Staley, JJ.

In re the Appointment of a Commitee of the Person & Property of Beatty, 21 A.D.2d 969, 252 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 3163 (N.Y. Ct. App. 1964).

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21 A.D.2d 969 (In re the Appointment of a Commitee of the Person & Property of Beatty) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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