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MATTER OF WARRINGTON (STATE OF NEW YORK)

303 N.Y. 129 (1951)

In the Matter of Herbert D. Warrington, As Committee of Elizabeth Warrington, Respondent. State of New York, Appellant. Francis J. Mulligan, Public Administrator of New York County, as Administrator of The Estate of George H. Pierre, Deceased, Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for State of New York, appellant in first above-entitled proceeding.

Samuel L. Greenberg and Erwin Greenberg for respondent in first above-entitled proceeding.

Hyman H. Smith, Jacob D. Fuchsberg, William Cohen and Bernard I. Scherer for appellant in second above-entitled action.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Henry S. Manley of counsel), for State of New York, respondent in second above-entitled action.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

The double title which prefaces this opinion identifies two cases which were argued together. A brief statement of the facts involved will pose the problem each appeal presents — problems similar but not identical.

In Matter of Warrington — the petitioner is the committee of an incompetent person who, in September, 1945, while confined as a patient at Kings Park State Hospital...

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