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MATTER OF DANIEL TT.

39 A.D.3d 94 (2007)

830 N.Y.S.2d 827

In the Matter of DANIEL TT., a Person Alleged to be Incapacitated. DONNA TT., Appellant; DIANE UU. et al., Respondents.

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

February 22, 2007.

Attorney(s) appearing for the Case

Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (James R. Burkett of counsel), for appellant.

FitzGerald, Morris, Baker & Firth, P.C., Glens Falls (Martin A. Cohen of counsel), for Diane UU., respondent.

John C. Mannix Jr., Saratoga Springs, for Daniel TT., respondent.

MERCURE, J.P., CREW III, MUGGLIN and ROSE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Petitioner commenced this proceeding in May 2006 pursuant to Mental Hygiene Law article 81 to be appointed guardian of the person and property of her father, respondent Daniel TT. (hereinafter respondent), the alleged incapacitated person. The petition alleges that respondent, then age 87, had been diagnosed with dementia of the Alzheimer's type, is unable to care for himself or make decisions, and requires constant supervision...

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