In re the Onondaga County Department of Social Services

OPINION OF THE COURT

Peter N. Wells, J.

This is a proceeding pursuant to article 81 of the Mental Hygiene Law seeking the designation of a guardian for the above-referenced individual, Owen Parker, whose court-op-pointed attorney moved to dismiss the petition for noncompliance with the pleading provisions of Mental Hygiene Law § 81.08. The motion is granted.

It is elemental that normally pleadings are to be liberally construed (Siegel, NY Prac § 208, at 301 [2d ed]). Nevertheless, courts are bound by legislative directives. In article 81 proceedings the Legislature has mandated that petitions…