Schneider v. Engelmayer
This text of 49 A.D.3d 348 (Schneider v. Engelmayer) 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.
Opinion
Respondent should not have to pay any part of the evaluator’s fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner’s claim of incapacity, lacks the required “specific factual allegations” of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 AD2d 281, 283 [1998]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.
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Cite This Page — Counsel Stack
49 A.D.3d 348, 852 N.Y.2d 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-engelmayer-nyappdiv-2008.