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IN THE MATTER OF LILLIAN

20 Misc.3d 215 (2008)

860 N.Y.S.2d 382

In the Matter of the Appointment of a Guardian of the Person and Property of LILLIAN, an Alleged Incapacitated Person.

Supreme Court, Delaware County.

April 17, 2008.

Attorney(s) appearing for the Case

Richard B. Spinney, County Attorney, Delhi (Kristin L. Rogers of counsel), for Delaware County Department of Social Services.

Rusk, Wadlin, Heppner & Martuscello, LLP, Kingston (Jason J. Kovacs of counsel), for Lillian.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

This is a proceeding brought by the Delaware County Commissioner of Social Services by order to show cause filed on or about March 23, 2007 and signed by the court on April 2, 2007 to extend the Mental Hygiene Law article 81 guardianship of respondent.

In the answer to the order to show cause, the attorney appointed for respondent raises two defenses: (1) the court lacks personal jurisdiction of respondent...

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