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MATTER OF TOPA

10 Misc.3d 355 (2005)

806 N.Y.S.2d 383

In the Matter of CONSTANCE TOPA, Petitioner, for the Appointment of a Guardian of JOHN TOPA, an Alleged Incapacitated Person.

Supreme Court, Queens County.

November 1, 2005.

Attorney(s) appearing for the Case

Jim D. Sarlis for petitioner.

Richard Cary Spivack, temporary guardian.

OPINION OF THE COURT

CHARLES J. THOMAS, J.

Petitioner commenced a guardianship proceeding pursuant to Mental Hygiene Law article 81 for the appointment of a guardian for John Topa, an alleged incapacitated person. The petition, while seemingly routine, is anything but.

Petitioner alleges in her petition that her father, the alleged incapacitated person, is not at all incapacitated; rather, she contends that he is competent to care for both his physical...

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