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MATTER OF ALLEN (MAUCELI)

24 Misc.2d 763 (1960)

In the Matter of Rebie L. Allen (Mauceli), an Alleged Incompetent Person.

Supreme Court, Special Term, New York County.

May 12, 1960.

Attorney(s) appearing for the Case

Lowenstein, Pitcher, Hotchkiss, Amann & Parr for petitioner. Peter A. Cibelli, William W. Kleinman and Eugene Gold for respondent. George J. Mintzer, David Jaffe and Herbert M. Wachtell for special guardian.

EDGAR J. NATHAN, JR., J.

Petitioner moves for the appointment of a commission to inquire into the alleged incompetency of respondent and for the appointment of a committee of her person and property. Respondent moves for a dismissal of the petition upon the grounds that the petition and accompanying affidavits are insufficient as a matter of law to raise a presumption of incompetency.

The moving papers...

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