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Marriage of an Incapacitated Person Properly Annulled

The Second Department determined there was sufficient evidence to justify the annulment of the marriage of an incapacitated person (Aldo D.). for whom a temporary guardian had been appointed, to the appellant:

…[C]lear and convincing evidence was presented at the hearing that Aldo D. was incapacitated … . Among other things, testimony was adduced that Aldo D. suffered from Parkinson’s disease, and the temporary guardian testified that he observed symptoms of dementia in Aldo D. For example, the temporary guardian related that Aldo D. did not seem to understand that he was being evicted from his apartment, and that he had married without intending to do so. The temporary guardian further testified that Aldo D. was very limited in his ability to walk and dress himself, and he could not cook for himself. He did not recognize his need for help. When questioned by the court, Aldo D. repeatedly denied marrying the appellant, said that he did not remember marrying the appellant, and did not want to be married to her. The appellant acknowledged during her testimony that they had, “to a degree,” two marriage ceremonies, because, at the time of the first ceremony, Aldo D. “wasn’t feeling well.” The evidence before the Supreme Court was legally sufficient to establish that Aldo D. was incapacitated. Because there was legally sufficient evidence presented to the Supreme Court establishing that Aldo D. was incapacitated, it was proper to annul the marriage between him and the appellant pursuant to Mental Hygiene Law § 81.29(d) … . Matter of Dandridge, 2014 NY Slip Op 06311, 2nd Dept 9-24-14

 

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