IN RE: THE APPLICATION OF MARK (2018)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: THE APPLICATION OF MARK BUTTIGLIERI, DESIGNEE OF THE CHIEF EXECUTIVE OFFICER OF UPSTATE UNIVERSITY HOSPITAL OF THE STATE UNIVERSITY OF NEW YORK, PETITIONER–APPELLANT, FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND PROPERTY PURSUANT TO ARTICLE 81 OF THE MENTAL HYGIENE LAW FOR FERREL J.B., AN ALLEGED INCOMPETENT PERSON, RESPONDENT. RAYMOND J. DAGUE, ESQ., RESPONDENT. (APPEAL NO. 3.)

CA 17–00590

Decided: February 02, 2018

PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR PETITIONER–APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs and the language in the ordering paragraph “, and is to be paid by Petitioner as an administrative expense” is vacated.

Same memorandum as in Matter of Buttiglieri ( [appeal No. 2]—AD3d—[Feb. 2, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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