In re Wechsler

Order, Supreme Court, New York County (William Davis, J.), entered July 1, 2002, which denied respondent’s motion for a declaration that petitioner guardian exceeded the scope of her authority by commencing a divorce action on behalf of respondent’s incompetent husband, unanimously reversed, on the law, without costs, the motion granted, and it is declared that petitioner guardian exceeded the scope of her authority by commencing a divorce action on behalf of her ward.

Respondent and her husband have been required to live apart since March 2000 when he was hospitalized in connection with…