In re Vaneria

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 15, 1999, which denied respondent’s motion, pursuant to CPLR 3211 (a) (2) and (8) and 3212, for dismissal or summary judgment as to petitioner’s application to be appointed guardian of the parties’ daughter Emma, pursuant to Mental Hygiene Law article 81, unanimously reversed, on the law, with costs, the motion granted and the petition dismissed.

The courts of New York State lack jurisdiction of this matter under Mental Hygiene Law article 81. The alleged incapacitated person, the parties’ daughter, Emma, is an…