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HAGAN v. NIXON

109 A.D.2d 380 (1985)

Catherine M. Hagan, as Committee of the Property and Person of Thomas D. Deane, an Incompetent, Respondent, v. Jessie Nixon, as Director of Capital District Psychiatric Center, et al., Appellants The People of the State of New York ex rel. Thomas D. Deane, Respondent, v. Arthur Webb, as Commissioner of the Office of Mental Retardation and Developmental Disabilities, Appellant

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

July 18, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Leslie B. Neustadt and Peter H. Schiff of counsel), for appellants.

Eugene Keeler for Catherine M. Hagan, respondent.

Michael O'Brien, Bruce Dix and David LeVine for Mental Health Information Services, respondent.

MAIN, CASEY and WEISS, JJ., concur with KANE, J. P.; LEVINE, J., concurs in part and dissents in part in an opinion.

KANE, J. P.

On November 21, 1984, Catherine M. Hagan was appointed committee of the person and property of Thomas David Deane, her 24-year-old grandson who is developmentally and psychiatrically disabled. Hagan lives in the Village of Catskill, Greene County, where she raised Deane from his birth on February 18, 1960 to age 18. At that time, due to Hagan's advanced age and inability to control Deane, he was...

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