In re Anthon

Appeal from an order and judgment of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered December 16, 2003 in a proceeding pursuant to Mental Hygiene Law article 81. The order and judgment, insofar as appealed from, denied the petition for appointment of a guardian.

It is hereby ordered that the order and judgment insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance *938with the following memorandum: In this proceeding brought pursuant to…