In re the Application for the Appointment of a Committee of the Person & Property of Clarkson 227 N.Y. 599

In the Matter of the Application for the Appointment of a Committee of the Person and Property of Lavinia Clarkson, Respondent, an Alleged Incompetent Person. Emilie V. Moore, Appellant.

Matter of Clarkson, 186 App. Div. 575, affirmed.

(Argued October 7, 1919;

decided October 21, 1919.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 13, 1919, which reversed an order of Special Term granting a motion for the issuance of a commission to determine the mental competency of the respondent herein. The Appellate Division held first, that a former application resulting in a dismissal of the proceedings was res adjudicata and a bar to this proceeding; second, that it appearing that the alleged incompetent resides in New York city, where the first proceeding was instituted, *600it was improper to institute this second proceeding in St. Lawrence county; third, that upon the merits a commission should not issue.

Edgar T. Brackett and Robert M. Moore for appellant.

Thomas Spratt and F. L. Cubley for respondent.