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MATTER OF SCURLOCK

90 A.D.2d 552 (1982)

In the Matter of Dorothy M. Scurlock, an Alleged Incompetent Person. Clarence E. Slaughter et al., Appellants; Thomas A. Lifland, as Committee for the Person and Property of Dorothy M. Scurlock, Respondent

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

October 25, 1982

Order affirmed insofar as appealed from, without costs or disbursements.

Appointment of a committee of the person and property of an incompetent rests in the sound discretion of the court (Matter of Rothman, 263 N.Y. 31, 33). Considering all the testimony adduced at the hearing, it cannot be said that Special Term abused its discretion in appointing a person other than a family member as the committee despite the posttrial claim that the disputing family members...

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