In re the Conservator of Property of Battisti

Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Special Term (Crew, III, J.), entered May 29, 1984 in Tompkins County, which denied petitioner’s application pursuant to Mental Hygiene Law § 77.33 to, inter alia, have the conservator of the property of Artemesia Battisti removed.

The material facts are essentially undisputed. On September 28, 1981, respondent, the son and only heir of 90-year-old Artemesia Battisti, was appointed conservator of her property. While a patient at Willard Psychiatric Center and in the presence of the family’s lawyer, who had specifically attended to…