Legal Opinion

Gitzis v. Baily-Schiffman

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

Decided February 13, 2014PublishedCited by 1 opinion

1Opinion of the Court

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Loren Baily-Schiffman, an Acting Justice of the Supreme Court, Kings County, to determine the petitioner’s motion to dismiss the underlying proceeding pursuant to Mental Hygiene Law article 81, pending in the Supreme Court, Kings County, under index No. 100038/13, for the appointment of a guardian of his personal needs and property management.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel…

2Cases cited3 opinions

  1. Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
  2. Goldman v. SeidellAppellate Division of the Supreme Court of the State of New York · 1996
  3. Weaver v. VaughanAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. Matter of Miller v. FoleyAppellate Division of the Supreme Court of the State of New York · 2016

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