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MATTER OF HUBER v. MONES

235 A.D.2d 421 (1997)

653 N.Y.S.2d 353

In the Matter of Elizabeth Huber, Respondent, v. Lorraine E. Mones, Respondent, and William A. Huber et al., Appellants

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

January 13, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants contend that the petitioner lacked the requisite mental capacity to commence this special proceeding against them, that the Surrogate improperly denied them an opportunity to answer, and that the Surrogate relied on material not in the record in making the order under review. We disagree.

A person of unsound mind but not judicially...

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