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MATTER OF ROBINSON

272 A.D.2d 176 (2000)

709 N.Y.S.2d 170

In the Matter of VERONICA L. ROBINSON et al., Appellants. STANLEY K. SCHLEIN, as Guardian, Respondent.

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

Decided May 16, 2000.

Given the safeguards of article 81 of the Mental Hygiene Law and absent any evidence that the proposed family members had failed to properly care for the incapacitated person or that there was any conflict of interest, it was an abuse of the court's discretion to appoint the court evaluator instead of petitioners as the property management guardian for their incapacitated father (see, Matter of Chase, 264 A.D.2d 330; Matter of...

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