Legal Opinion · Dissent

Matter of Kover

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 2015No. 401545/12Published

1DissentSaxe, J.

Supreme Court committed two egregious errors in this proceeding, one which most probably will never be corrected and the other which can and should be.

The first error, which is not the focus of this appeal but which informs all else that happened here, was the unlawful imposition of an article 81 guardianship on a 94-year-old Jewish survivor of Nazi Germany against her will, without her consent and without a hearing.

The second error was made when the court imposed punitive sanctions and costs upon the elderly woman’s lawyers for protesting the court’s action in their motion papers. And, while…

2Cases cited21 opinions

  1. Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
  2. William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
  3. Higby v. MahoneyNew York Court of Appeals · 1979
  4. Katz v. MurtaghNew York Court of Appeals · 1971
  5. Pickens v. CastroAppellate Division of the Supreme Court of the State of New York · 2008

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API