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MATTER OF MOON v. DARROW

2008-1782.

30 Misc.3d 187 (2010)

912 N.Y.S.2d 850

In the Matter of WILLIAM R. MOON, as Commissioner of the Delaware County Department of Social Services, on Behalf of ROBERT M. DARROW, an Incapacitated Person, Plaintiff, v. RODNEY DARROW et al., Defendants.

Supreme Court, Delaware County.

Decided October 13, 2010.

Attorney(s) appearing for the Case

Richard B. Spinney , County Attorney, Delhi ( Amy B. Merklen of counsel), for Delaware County Department of Social Services, plaintiff.

John Connor, Jr. , Hudson, for Community Bank, N.A., defendant.

Patrick J. Kilker , Binghamton, for Donald L. Ulmer, defendant.

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

On or about May 23, 2008, defendant Rodney Darrow, acting under a power of attorney dated August 2, 2006 from his father Robert Darrow, transferred a house at 14 Camp Street, Sidney, New York, owned by his father, to defendant Donald L. Ulmer. Ulmer has stated both in his verified answer and in his affidavit, dated July 6, 2010, that the real property was transferred to him to repay a loan Ulmer had made to Rodney...

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