RUCHMAN v. WOLFF


188 A.D.2d 284 (1992)

Frances M. Ruchman, Individually and as Personal Representative of Mary E. Lambert, Appellant, v. L. Wolff et al., Respondents. (Action No. 1.) In the Matter of Jeffrey Frerichs, as President of Cabrini Medical Center, for the Appointment of a Committee for Mary E. Lambert, an Alleged Incompetent, Respondent. (Action No. 2.)

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

December 1, 1992


We agree with the IAS Court that in Action No. 2, petitioner demonstrated incompetency by clear and convincing evidence (see, Matter of Grinker [Rose], 77 N.Y.2d 703, 708), and that the more intrusive appointment of a committee, rather than a conservator, is appropriate, in view of the clear and convincing evidence that the incompetent is substantially disabled physically, and functions...

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