MHL § 81.42

Compliance

§ 81.42 Compliance.

(a) A motion to dismiss based on the alleged failure to comply with any of the provisions of this article, other than subparagraph (i) of paragraph one of subdivision (d) of section 81.07 of this article, must be determined without regard to technical mistakes, deficiencies, and omissions that do not result in actual prejudice that affects the integrity of the proceeding.

(b) A judgment or order made pursuant to this article, unless reversed on appeal, releases the guardian and the sureties from all claims of the incapacitated person and/or any person affected thereby based on any act or omission directly authorized, approved or confirmed in the judgment or order. This section does not apply where the judgment or order is obtained by fraud or conspiracy or by misrepresentation contained in the notice, petition, account, or in the judgment or order as to any material fact. For purposes of this subdivision, misrepresentation of a material fact includes but is not limited to the omission of a material fact.

Official sourcehttps://www.nysenate.gov/legislation/laws/MHY/81.42

In plain English

(a) A motion to dismiss for failure to comply with the article (except the § 81.07(d)(1)(i) legend/personal-service piece) must be decided without regard to technical mistakes that don't cause actual prejudice affecting the proceeding's integrity. ★ Substance over form.

(b) A judgment/order (unless reversed on appeal) releases the guardian and sureties from claims for authorized acts — except where obtained by fraud, conspiracy, or misrepresentation of a material fact (including omission).

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.