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MATTER OF CHACHKERS (SHIRLEY W.)

159 Misc.2d 912 (1993)

606 N.Y.S.2d 959

In the Matter of Ester Chachkers, as Director of Social Services of New York University Medical Center, Petitioner, for the Appointment of a Personal Needs and Property Management Guardian of Shirley W., an Alleged Incapacitated Person.

Supreme Court, New York County.

December 15, 1993

Attorney(s) appearing for the Case

Garfunkel, Wild & Travis, P. C., Great Neck (Allan E. Silver of counsel), for petitioner. Gideon Rothschild, P. C., New York City, for respondent.

LEWIS R. FRIEDMAN, J.

During this proceeding for the appointment of a guardian pursuant to the new Mental Hygiene Law article 81 an important procedural issue has emerged which has not been addressed in the reported cases under article 81, or its predecessors (Mental Hygiene Law former arts 77, 78). This case presents the question of whether an article 81 proceeding may be discontinued before an evidentiary...

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