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MATTER OF ROE

24 N.Y.2d 52 (1969)

In the Matter of the Appointment of a Committee of the Person and Property of Norman W. Roe, an Alleged Incompetent Person. George R. Dare, Appellant-Respondent; Albert Felix, Respondent-Appellant; Carl S. Forsythe et al., Respondents.

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

Arthur E. McInerney and Frederick M. Schlater for appellant-respondent.

Mario Matthew Cuomo for Carl S. Forsythe and others, respondents.

Philip O. Eisenberg, respondent in person.

John J. Mooney, in person, and as guardian ad litem for William B. Owen III, respondent.

Albert Felix, as commissioner, pro se, and Allen S. Stim for Albert Felix, respondent-appellant.

No appearance for Edward Klane, Oscar Pelzman and Sidney Stark, respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur in Per Curiam opinion; Judge BURKE dissents and votes to affirm in a separate opinion in which Judge KEATING concurs.

Per Curiam.

The proceeding should be transferred to the appropriate Special Term in the Tenth Judicial District, for the determination of the question of incompetency raised in the petition. The alleged incompetent is indisputably a resident of Suffolk and not a resident of New York County. The statute (Mental Hygiene Law, § 101, subd. [2]) requires the proceeding to declare incompetency be maintained in the judicial...

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