MATTER OF GREEN (POTTER)


51 N.Y.2d 627 (1980)

In the Matter of Elfriede Green, Respondent. Marie Potter et al., Appellants.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Samuel Shapiro for appellants.

Bertram Zweibon for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

To consider whether there is authority to award counsel fees to the petitioner in a conservatorship proceeding brought under article 77 of the Mental Hygiene Law, we granted leave in this case. We conclude that there is not, absent amendment of the statute.

The proceeding was begun by a niece of the proposed conservatee, an 82-year-old woman, who it was claimed was senile and unable to care...

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