In re Berman

Judgment, Supreme Court, New York County, entered June 21, 1977, unanimously reversed, on the law, and the matter remanded for further proceedings, as hereinafter set forth, without costs and without disbursements. We find that, in this proceeding to appoint a conservator (Mental Hygiene Law, art 77), there was insufficient compliance with the protective statutory scheme. Inter alia, there was not "clear and convincing proof of the need therefor,” (§ 77.01), and that the proposed conservatee had "suffered substantial impairment”. Also, the decision as to the inability of the proposed…