Legal Opinion

In re Green

New York Court of Appeals

Decided December 22, 1980PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Meyer, J.

To consider whether there is authority to award counsel fees to the petitioner in a conservatorship proceeding brought under article 77 of the Mental Hygiene Law, we granted leave in this case. We conclude that there is not, absent amendment of the statute.

The proceeding was begun by a niece of the proposed conservatee, an 82-year-old woman, who it was claimed was senile and unable to care for herself and whose 86-year-old husband, the petition alleged, was mulcting her of her assets. The proceeding was vigorously defended but after a jury had been empaneled to…

2Cases cited4 opinions

  1. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  2. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  3. Meltzer v. KoenigsbergNew York Court of Appeals · 1951
  4. People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915

3Cited by23 opinions

  1. Eisenberg v. Feiner (In Re Ahead by a Length, Inc.)United States Bankruptcy Court, S.D. New York · 1989
  2. Mercantile National Bank at Dallas v. Bradford Trust Company, N/k/a Fidata Trust CompanyCourt of Appeals for the Fifth Circuit · 1988
  3. Zauderer v. BarcellonaCivil Court of the City of New York · 1985
  4. Ltown Ltd. Partnership v. Sire Plan, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Bregman v. MeehanNew York Supreme Court · 1984

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