Fales v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The questions presented are: (1) whether the guardian ad litem of a nonadjudicated incompetent has the power to settle a personal injury claim (CPLR 1207 et seq.); and (2) whether this court has jurisdiction to make a disposition of the award prior to a formal adjudication of incoinpetency or the appointment of a committee. (See Mental Hygiene Law, art 78.)

The claim of Angelina Húrgalo Fales, for personal injuries sustained while a patient at Kingsborough Psychiatric Center, was prosecuted by Celia Húrgalo as guardian ad litem, pursuant to an order of…