In re Henry

Contrary to respondent’s assertion, the order refusing to declare petitioner competent to manage herself and her affairs is final and appealable to this court, as of right, by virtue of a dissent in the Appellate Division (Civ. Prac. Act, § 588).

In our opinion, petitioner has, as a matter of law, demonstrated that she has regained the requisite competency to warrant the discharge of her committee. The Trial Judge, in finding ‘ ‘ that the petitioner is not at this time competent to manage herself or her affairs ” neglected to state the underlying basis for his decision. We may fairly assume,…