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OFF. OF MENTAL HEALTH (DOE)

Index No. E2023003094.

80 Misc.3d 655 (2023)

193 N.Y.S.3d 902

2023 NY Slip Op 23211

In the Matter of NEW YORK STATE OFFICE OF MENTAL HEALTH, ROCHESTER PSYCHIATRIC CENTER, by CHRISTOPHER M. TIDD, M.D., Clinical Director, Petitioner, for the Appointment of a Guardian of the Person and/or Property of JANE DOE, an Alleged Incapacitated Person, Respondent.

Supreme Court, Monroe County.

Decided July 18, 2023.

Attorney(s) appearing for the Case

Magavern Magavern Grimm LLP, Buffalo ( Steven C. Kos of counsel), for petitioner.

Mental Hygiene Legal Service, Rochester ( Candice Sengillo and Janine Rella of counsel), for respondent.

Monroe County Law Department, Rochester ( Alex Cameron of counsel), for Monroe County Department of Human Services, Division of Social Services, interested party.

OPINION OF THE COURT

In this Mental Hygiene Law article 81 proceeding, the issue is not whether the respondent Jane Doe, the alleged incapacitated person (AIP), needs a guardian—all parties agree on the need for a guardian.1 Rather, the issue is who to appoint as guardian when...

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