This text of New York § 1753 (Persons to be served 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1753. Persons to be served\n 1. Upon presentation of the petition, process shall issue to:\n (a) the parent or parents, adult children, if the petitioner is other\nthan a parent, adult siblings, if the petitioner is other than a parent,\nand if the person who is intellectually disabled or person who is\ndevelopmentally disabled is married, to the spouse, if their residences\nare known;\n (b) the person having care and custody of the person who is\nintellectually disabled or person who is developmentally disabled, or\nwith whom such person resides if other than the parents or spouse; and\n (c) the person who is intellectually disabled or person who is\ndevelopmentally disabled if fourteen years of age or older for whom an\napplication has been made in such person's behalf.\n 2. Upon
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§ 1753. Persons to be served\n 1. Upon presentation of the petition, process shall issue to:\n (a) the parent or parents, adult children, if the petitioner is other\nthan a parent, adult siblings, if the petitioner is other than a parent,\nand if the person who is intellectually disabled or person who is\ndevelopmentally disabled is married, to the spouse, if their residences\nare known;\n (b) the person having care and custody of the person who is\nintellectually disabled or person who is developmentally disabled, or\nwith whom such person resides if other than the parents or spouse; and\n (c) the person who is intellectually disabled or person who is\ndevelopmentally disabled if fourteen years of age or older for whom an\napplication has been made in such person's behalf.\n 2. Upon presentation of the petition, notice of such petition shall be\nserved by certified mail to:\n (a) the adult siblings if the petitioner is a parent, and adult\nchildren if the petitioner is a parent;\n (b) the mental hygiene legal service in the judicial department where\nthe facility, as defined in subdivision (a) of section 47.01 of the\nmental hygiene law, is located if the person who is intellectually\ndisabled or person who is developmentally disabled resides in such a\nfacility;\n (c) in all cases, to the director in charge of a facility licensed or\noperated by an agency of the state of New York, if the person who is\nintellectually disabled or person who is developmentally disabled\nresides in such facility;\n (d) one other person if designated in writing by the person who is\nintellectually disabled or person who is developmentally disabled; and\n (e) such other persons as the court may deem proper.\n 3. No process or notice shall be necessary to a parent, adult child,\nadult sibling, or spouse of the person who is intellectually disabled or\nperson who is developmentally disabled who has been declared by a court\nas being incompetent. In addition, no process or notice shall be\nnecessary to a spouse who is divorced from the person who is\nintellectually disabled or person who is developmentally disabled, and\nto a parent, adult child, adult sibling when it shall appear to the\nsatisfaction of the court that such person or persons have abandoned the\nperson who is intellectually disabled or person who is developmentally\ndisabled.\n