Appellate Division of the Supreme Court of New York, 1983

In re Ass'n for Retarded Citizens

In re Ass'n for Retarded Citizens
Appellate Division of the Supreme Court of New York · Decided May 25, 1983
94 A.D.2d 958; 464 N.Y.S.2d 84; 1983 N.Y. App. Div. LEXIS 24775
In re Ass'n for Retarded Citizens

Opinion of the Court

. Order unanimously affirmed, without costs. Memorandum: We agree that petitioner lacks standing to seek amendment of the conservatorship order. Petitioner’s remedy as “friend” of the conservatee (Mental Hygiene Law, § 77.03, subd [a], par [3]) is limited to seeking removal of the conservators (Mental Hygiene Law, § 77.33) for failure to propose and execute a plan “to insure the preservation, maintenance, and care of the proposed conservatee’s income, assets and personal well-being, including the provision of necessary personal and social protective services” (Mental Hygiene Law, § 77.03, subd [c], par [3]; § 77.19, subd [3]; § 77.29) and appointment of a new conservator. (Appeal from order of Orleans County Court, Miles, J. — dismiss petition.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

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