The courts of New York State lack jurisdiction of this matter under Mental Hygiene Law article 81. The alleged incapacitated person, the parties' daughter, Emma, is an autistic and mentally retarded 19 year old who has resided in Massachusetts since the parties' separation in 1984, first with her mother, and, since 1994, in a child development center in Chatham, Massachusetts called the May Center.
Section 81.04 (a) of the Mental Hygiene Law provides three specific...
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