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MATTER OF JOSEPH V.

307 A.D.2d 469 (2003)

762 N.Y.S.2d 669

In the Matter of JOSEPH V., a Person Alleged to be Incapacitated. SUSAN W., Respondent; DOLORES V. et al., Appellants.

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

Decided July 3, 2003.

Peters, J.

On December 3, 2001, Joseph V. fell down a delivery shaft suffering extensive injuries, including a massive brain trauma. At the time of trial, he was in a coma and resided at the Northeast Center for Special Care in Ulster County. Respondents, Joseph V.'s mother and sister, as well as petitioner, with whom Joseph V. had resided since 1996, agreed that a personal injury action should be commenced. Notwithstanding...

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