In re Eggleston

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered May 29, 2002, which summarily dismissed the petition for an appointment of a guardian under article 81 of the Mental Hygiene Law, unanimously reversed, on the law and the facts, without costs, the petition reinstated, and the matter remanded for further proceedings.

Under the circumstances of this case, we would reverse and remand for a hearing. Petitioner Commissioner commenced this proceeding on behalf of respondent under article 81 of the Mental Hygiene Law seeking the appointment of a guardian. The petition alleged…