Nenno v. Nenno

Appellate Division of the Supreme Court of New York

Nenno v. Nenno

43 A.D.2d 791, 349 N.Y.S.2d 878, 1973 N.Y. App. Div. LEXIS 2979

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

DecidedDecember 6, 1973

StatusPublished

Cited by2 cases

This text of 43 A.D.2d 791 (Nenno v. Nenno) 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

Nenno v. Nenno, 43 A.D.2d 791, 349 N.Y.S.2d 878, 1973 N.Y. App. Div. LEXIS 2979 (N.Y. Ct. App. 1973).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: The trial court properly exercised its discretion to vacate the ex parte order appointing a New Jersey resident as ancillary committee of the incompetent’s estate (Mental Hygiene Law, § 78.11). However, none of [792]*792the parties, has questioned the finding of the New Jersey court that Mrs. Nenno is presently unable to handle her own affairs and since the application to remove does not specifically raise that as an issue by a. proceeding under subdivision (b) of section 78.27 of the Mental Hygiene Law, we do not reach that question. (Appeal from part of order of Erie Special Term vacating order of appointment.) Present — Marsh, J. P., Witmer, Cardamone, Simons and Henry, JJ.

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Order unanimously affirmed, with costs. Memorandum: The trial court properly exercised its discretion to vacate the ex parte order appointing a New Jersey resident as ancillary committee of the incompetent’s estate (Mental Hygiene Law, § 78.11). However, none of [792]*792the parties, has questioned the finding of the New Jersey court that Mrs. Nenno is presently unable to handle her own affairs and since the application to remove does not specifically raise that as an issue by a. proceeding under subdivision (b) of section 78.27 of the Mental Hygiene Law, we do not reach that question. (Appeal from part of order of Erie Special Term vacating order of appointment.) Present — Marsh, J. P., Witmer, Cardamone, Simons and Henry, JJ.

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Bluebook (online)

43 A.D.2d 791, 349 N.Y.S.2d 878, 1973 N.Y. App. Div. LEXIS 2979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nenno-v-nenno-nyappdiv-1973.

Opinion

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