MATTER OF CONSTANCE T.


42 A.D.3d 459 (2007)

839 N.Y.S.2d 783

In the Matter of JOHN T. CONSTANCE T., Respondent. HOLLISWOOD CARE CENTER, Nonparty Appellant.

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

Decided July 10, 2007.


Ordered that the order and judgment is reversed, on the law, with costs, and the application for an award of attorney's fees and disbursements is denied.

The alleged incapacitated person (hereinafter Mr. T.), a 93-year-old man was, as demonstrated by the record, fully competent, and found to be so by the Supreme Court. The petitioner, Mr. T.'s daughter, lived with and cared for him for many years.

On October 22, 2004 Mr. T. was admitted to Long Island Jewish...

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