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MATTER OF KUFELD

51 A.D.3d 483 (2008)

859 N.Y.S.2d 119

In the Matter of the Appointment of a Guardian of the Person and Property for BERNARD KUFELD, an Alleged Incapacitated Person. MICHAEL PESKOWITZ, Appellant, v. BERNARD KUFELD, Respondent. MICHAEL PESKOWITZ, Respondent, v. BERNARD KUFELD, Appellant.

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

Decided May 8, 2008.

In this guardianship proceeding, the IAS court providently exercised its discretion in granting the court evaluator's application to review the medical records of Kufeld, the alleged incapacitated person (AIP), notwithstanding the physician-patient privilege (see Mental Hygiene Law § 81.09 [d]). Given the assertions of incapacity in the AIP's self-petition, which was subsequently withdrawn, and the original court evaluator's report, as well as the allegations...

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