Opinion · Appellate Division of the Supreme Court of the State of New York
Schneider v. Engelmayer
49 A.D.3d 348
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 2008-03-13
- Topic
- intellectual-property-and-technology
Respondent should not have to pay any part of the evaluator’s fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner’s claim of incapacity, lacks the required “specific factual allegations” of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 AD2d 281, 283 [1998]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.
Citator
UpLaw has not yet analyzed Schneider v. Engelmayer. The absence of a flag is not a finding that it is good law.
- Cited by
- 2 opinions
Respondent should not have to pay any part of the evaluator’s fee where the petition, which was dismissed after a hearing for lack of medical evidence substantiating petitioner’s claim of incapacity, lacks the required “specific factual allegations” of personal actions or financial transactions demonstrating incapacity (Mental Hygiene Law § 81.08 [a] [4], [5]; see Matter of Petty, 256 AD2d 281, 283 [1998]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.