MATTER OF BUSH v. Salerno

51 N.Y.2d 95 (1980)

In the Matter of Marie B. Bush, Respondent,

v.

George D. Salerno et al., Respondents, and George R. Arney, Appellant.

Court of Appeals of the State of New York.

Argued September 3, 1980.

Decided September 5, 1980.

John M. Owens for appellant.

Thomas J. Spargo for Marie Bush, respondent.

Chief Judge COOKE and Judges JASEN, FUCHSBERG and MEYER concur in Per Curiam opinion; Judges GABRIELLI, JONES and WACHTLER dissent and vote to affirm in a memorandum.

The courts below were without jurisdiction to pass upon the petition to invalidate the petition designating George R. Arney as a…