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MATTER OF MAHER

207 A.D.2d 133 (1994)

In the Matter of Francis E. Maher, Also Known as Frank E. Maher, Respondent. Francis E. Maher, Jr., Also Known as Frank E. Maher, Jr., Appellant

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

December 27, 1994

Attorney(s) appearing for the Case

Snitow & Pauley, New York City (William H. Pauley, III, and Lyle D. Brooks of counsel), for appellant.

Irwin F. Simon, New York City, for respondent.

O'BRIEN, J. P., JOY AND KRAUSMAN, JJ., concur.

FRIEDMANN, J.

On this appeal — which appears to represent a case of first impression at the appellate level — we are asked to consider the propriety of a determination by the Supreme Court, Kings County (Leone, J.), embodied in a judgment entered October 8, 1993, that the respondent, Francis E. Maher, was not incapacitated as that term is defined in the recently enacted Mental Hygiene Law article...

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