Opinion
January 29, 1962
In a proceeding under article 81 of the Civil Practice Act, to appoint a committee for the person and property of respondent, Vincent S. Albini, an alleged incompetent person, petitioner appeals from an order of the Supreme Court, Kings County, dated July 26, 1961, which denied her motion to frame issues, and which granted the cross motion of the said respondent to dismiss the petition; such denial and such dismissal being "without prejudice [to petitioner] to renew upon proper papers". Order affirmed, with $10 costs and disbursements, payable by petitioner personally to respondent Albini. Motion by respondent Albini to dismiss appeal on the ground that petitioner is not a party aggrieved; the motion having been renewed on the argument of the appeal by permission of this court heretofore given on October 23, 1961. The motion is denied. Beldock, P.J., Christ, Hill, Rabin and Hopkins, JJ., concur.