New York § 81.42 Compliance

New York Statutes

§ 81.42 — Compliance

New York § 81.42

Law MHYMental Hygiene

Title EGeneral Provisions

Art. 81Proceedings For Appointment of a Guardian For Personal Needs or Property Management

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Bluebook

N.Y. Mental Hygiene § 81.42 (2026).

Text

§ 81.42 Compliance.\n  (a) A motion to dismiss based on the alleged failure to comply with\nany of the provisions of this article, other than subparagraph (i) of\nparagraph one of subdivision (d) of section 81.07 of this article, must\nbe determined without regard to technical mistakes, deficiencies, and\nomissions that do not result in actual prejudice that affects the\nintegrity of the proceeding.\n  (b) A judgment or order made pursuant to this article, unless reversed\non appeal, releases the guardian and the sureties from all claims of the\nincapacitated person and/or any person affected thereby based on any act\nor omission directly authorized, approved or confirmed in the judgment\nor order. This section does not apply where the judgment or order is\nobtained by fraud or conspiracy 

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§ 81.42 Compliance.\n (a) A motion to dismiss based on the alleged failure to comply with\nany of the provisions of this article, other than subparagraph (i) of\nparagraph one of subdivision (d) of section 81.07 of this article, must\nbe determined without regard to technical mistakes, deficiencies, and\nomissions that do not result in actual prejudice that affects the\nintegrity of the proceeding.\n (b) A judgment or order made pursuant to this article, unless reversed\non appeal, releases the guardian and the sureties from all claims of the\nincapacitated person and/or any person affected thereby based on any act\nor omission directly authorized, approved or confirmed in the judgment\nor order. This section does not apply where the judgment or order is\nobtained by fraud or conspiracy or by misrepresentation contained in the\nnotice, petition, account, or in the judgment or order as to any\nmaterial fact. For purposes of this subdivision, misrepresentation of a\nmaterial fact includes but is not limited to the omission of a material\nfact.\n