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MATTER OF KLINKER

37 A.D.2d 557 (1971)

In the Matter of Joseph Klinker, an Incompetent. James A. Carney, as Committee, Appellant; Attorney-General of the State of New York, Respondent

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

June 29, 1971

In our opinion the incompetent has sustained the burden of proof in establishing that he has been restored to mental soundness. In the case of Matter of Henry (3 N.Y.2d 258) a proceeding for the restoration of competency, the Court of Appeals said: "All the evidence upon the trial leads to the conclusion that petitioner has regained her mental health. Three psychiatrists * * * testified...

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