In re the Appointment of a Committee of the Person & Property of Ernst

Appellate Division of the Supreme Court of New York

In re the Appointment of a Committee of the Person & Property of Ernst

271 A.D.2d 811

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

DecidedOctober 30, 1946

StatusPublished

This text of 271 A.D.2d 811 (In re the Appointment of a Committee of the Person & Property of Ernst) 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 Committee of the Person & Property of Ernst, 271 A.D.2d 811 (N.Y. Ct. App. 1946).

Pincite

Opinion

Order reversed on the facts, without costs of this appeal to any party, stay reinstated and continued, proceeding reinstated, and petition granted to the extent that the question of fact, arising upon the competency of the person with respect to whom the petition prays for the appointment of a committee, be tried at a Trial Term of the Supreme Court for Erie County. Memorandum: We regard the moving papers here as sufficient to make it presumptively appear that an order should be granted under subdivision 2 of section 1364 of the Civil Practice Act. All concur. (The order dismisses a petition, vacates an order directing notice of application for commission, and vacates a restraining order, in an incompeteney proceeding.) Present — Taylor, P. J., Dowling, Harris, McCurn and Love, JJ.

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Order reversed on the facts, without costs of this appeal to any party, stay reinstated and continued, proceeding reinstated, and petition granted to the extent that the question of fact, arising upon the competency of the person with respect to whom the petition prays for the appointment of a committee, be tried at a Trial Term of the Supreme Court for Erie County. Memorandum: We regard the moving papers here as sufficient to make it presumptively appear that an order should be granted under subdivision 2 of section 1364 of the Civil Practice Act. All concur. (The order dismisses a petition, vacates an order directing notice of application for commission, and vacates a restraining order, in an incompeteney proceeding.) Present — Taylor, P. J., Dowling, Harris, McCurn and Love, JJ.

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Bluebook (online)

271 A.D.2d 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-a-committee-of-the-person-property-of-ernst-nyappdiv-1946.