MATTER OF HENRY


3 N.Y.2d 258 (1957)

In the Matter of Devra Henry, Appellant, to be Declared a Competent Person. Gerard N. Cooke, as Committee of the Person and Property of Devra Henry, an Incompetent Person, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.


Attorney(s) appearing for the Case

Sidney S. Levine for appellant.

Seth Rubenstein and Paul F. Callahan for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur; VAN VOORHIS, J., taking no part.


Per Curiam.

Contrary to respondent's assertion, the order refusing to declare petitioner competent to manage herself and her affairs is final and appealable to this court, as of right, by virtue of a dissent in the Appellate Division (Civ. Prac. Act, § 588).

In our opinion, petitioner has, as a matter of law, demonstrated that she has regained the requisite competency to warrant the discharge of her committee...

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