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

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

DecidedSeptember 29, 1964

StatusPublished

This text of 21 A.D.2d 969 (In re the Appointment of a Commitee of the Person & Property of Beatty) 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 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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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.

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Bluebook (online)

21 A.D.2d 969, 252 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 3163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-a-commitee-of-the-person-property-of-beatty-nyappdiv-1964.

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