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MATTER OF LEE I.

265 A.D.2d 750 (1999)

697 N.Y.S.2d 385

In the Matter of LEE I., a Person Alleged to be Incapacitated, Appellant. EDWARD G. MURPHY, as President and Chief Executive officer of SETON HEALTH SYSTEM, Respondent; ALBANY COUNTY DEPARTMENT OF SOCIAL SERVICES, as Guardian of the Person and Property of LEE I., et al., Respondents.

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

Decided October 28, 1999.

Mercure, J. P.

By order and judgment dated June 11, 1996, respondent was determined to be an incapacitated person and his son was appointed guardian of his person and property. In January 1997, petitioner moved for an order pursuant to Mental Hygiene Law § 81.35 removing respondent's son as guardian and appointing another to serve in that capacity. Respondent's son did not oppose the application, but respondent cross-moved for an order pursuant to Mental Hygiene...

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