MATTER OF ALBINI


19 A.D.2d 827 (1963)

In the Matter of Vincent S. Albini, an Alleged Incompetent. Margaret Franzese, Appellant; Seth Rubenstein, as Special Guardian, et al., Respondents

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

October 7, 1963


Order, insofar as appealed from, reversed, without costs, and motion, insofar as it seeks to impose upon appellant the obligation to pay any portion of the doctor's fee, denied.

The record discloses: (1) that the appellant never appeared in the proceeding and was not a party thereto; and (2) that the proceeding abated upon the alleged incompetent's death on May 2, 1962. Under such circumstances, it is our opinion that the Special Term lacked jurisdiction to direct...

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