Legal Opinion
In re Allers
New York Supreme Court
Decided July 26, 2012PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
James D. Pacones, J.
The issue for the court’s determination is whether the alleged incapacitated person (AIP) in this guardianship proceeding under Mental Hygiene Law article 81 can be required to testify against himself at a hearing conducted pursuant to section 81.11.
Background
The court recently completed a hearing under Mental Hygiene Law § 81.23 (a) to determine whether a temporary guardian for the property management needs of the AIP and a guardian for personal care needs were necessary. The court determined that a temporary guardian for the property management needs…
2Cases cited5 opinions
- Rivers v. KatzNew York Court of Appeals · 1986
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- In re United Health Services Hospitals, Inc.New York Supreme Court · 2004
- In re HecklAppellate Division of the Supreme Court of the State of New York · 2007
- In re WynnAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by2 opinions
- In re Interdiction of BensonLouisiana Court of Appeal · 2016
- Matter of Elizabeth TT. (Suzanne YY.--Elizabeth ZZ.)Appellate Division of the Supreme Court of the State of New York · 2019