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MATTER OF G.P.

1932/2012.

37 Misc.3d 418 (2012)

948 N.Y.S.2d 902

2012 NY Slip Op 22204

In the Matter of ROBERT B. ALLERS, as Commissioner of Social Services of Dutchess County Department of Social Services, Petitioner, for the Appointment of a Guardian for G.P., a Person Alleged to be Incapacitated, Respondent.

Supreme Court, Dutchess County.

Decided July 26, 2012.

Attorney(s) appearing for the Case

James M. Fedorchak , County Attorney, Poughkeepsie ( Janet V. Tullo of counsel), for petitioner.

Corbally, Gartland & Rappleyea, LLP, Poughkeepsie ( William F. Bogle, Jr. , of counsel), for respondent.

Kevin L. Wright , Mahopac, temporary guardian of the property for G.P. Mental Hygiene Legal Service, Poughkeepsie ( Eugenia B. Heslin of counsel), court evaluator.

OPINION OF THE COURT

JAMES D. PAGONES, J.

The issue for the court's determination is whether the alleged incapacitated person (AIP) in this guardianship proceeding under Mental Hygiene Law article 81 can be required to testify against himself at a hearing conducted pursuant to section 81.11.

Background

The court recently completed a hearing under Mental Hygiene Law § 81.23 (a) to determine whether a temporary guardian for the property...

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