In re David C.

—In a proceeding pursuant to Mental Hygiene Law article 81, David C. appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Thomas, J.), entered May 18, 2001, which, inter alia, upon a jury verdict finding that he is an incapacitated person, appointed a guardian to manage his property and personal affairs.

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

The Commissioner of Social Services (hereinafter the Commissioner) commenced this proceeding pursuant to Mental Hygiene Law article 81 to…