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FALES v. STATE OF NY

108 Misc.2d 636 (1981)

Angelina M. Fales, an Incompetent, by Celia Murgalo, Her Guardian ad Litem et al., Claimants, v. State of New York, Respondent. (Claim No. 61065.)

Court of Claims.

April 21, 1981

Attorney(s) appearing for the Case

Shapiro, Shiff, Beilly, Rosenberg & Fox (Lewis Rosenberg of counsel), for claimants. Robert Abrams, Attorney-General (Seth D. Corwin of counsel), for respondent.

GERARD M. WEISBERG, J.

The questions presented are: (1) whether the guardian ad litem of a nonadjudicated incompetent has the power to settle a personal injury claim (CPLR 1207 et seq.); and (2) whether this court has jurisdiction to make a disposition of the award prior to a formal adjudication of incompetency or the appointment of a committee. (See Mental Hygiene Law, art 78.)

The claim of Angelina Murgalo Fales, for personal injuries...

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