MATTER OF BERNICE B.


176 Misc.2d 550 (1998)

672 N.Y.S.2d 994

In the Matter of The Estate of Bernice B., Deceased.

Surrogate's Court, New York County.

April 7, 1998.


Attorney(s) appearing for the Case

Siegel, Chalif & Winn, P. C., New York City, for petitioner. KB, respondent pro se. May Glazer, New York City, guardian ad litem.


RENEE R. ROTH, S.

The issue before the court is whether a party to a probate proceeding, whose behavior required the appointment of a guardian ad litem (GAL) (SCPA 103 [40]; 402, 403), may be bound by such guardian's consent to a settlement — over her own objection — even though she has not been adjudicated as "incapacitated" under article 81 of the Mental Hygiene Law.

By decision dated...

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