MATTER OF BRESKY


281 A.D. 1064 (1953)

In the Matter of the Appointment of a Committee of the Person and Property of Rose Bresky, an Alleged Incompetent Person

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 21, 1953.


We do not think that a stay of the now imminent trial of the issue of her competency should be granted at this time; and the papers presented on both sides of the question indicate that a justiciable issue has been presented and that the decision of the Judge to direct the inquiry was well within the frame of judicial discretion. We pass on no question involving criticism of any of the parties on either side; our determination is limited to a refusal at this stage of the...

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