New York Mental Hygiene Code § 81.42

Compliance
Open in Lexace · Ask the AI about this section
§ 81.42 Compliance.\n  (a) A motion to dismiss based on the alleged failure to comply with\nany of the provisions of this article, other than subparagraph (i) of\nparagraph one of subdivision (d) of section 81.07 of this article, must\nbe determined without regard to technical mistakes, deficiencies, and\nomissions that do not result in actual prejudice that affects the\nintegrity of the proceeding.\n  (b) A judgment or order made pursuant to this article, unless reversed\non appeal, releases the guardian and the sureties from all claims of the\nincapacitated person and/or any person affected thereby based on any act\nor omission directly authorized, approved or confirmed in the judgment\nor order. This section does not apply where the judgment or order is\nobtained by fraud or conspiracy or by misrepresentation contained in the\nnotice, petition, account, or in the judgment or order as to any\nmaterial fact. For purposes of this subdivision, misrepresentation of a\nmaterial fact includes but is not limited to the omission of a material\nfact.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.