The controlling statute, section 101 of the Mental Hygiene Law, which became effective in 1963, in pertinent part provides: "(3) Contents of petition. The petition shall be verified and, insofar as can be ascertained with reasonable diligence, shall state facts showing incompetence; * * * (5) Trial on issue of incompetency. Unless the court decides, in the exercise of its discretion, that the proceeding should be dismissed, it shall order a...
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