Opinion
March 31, 1999
Appeal from Order of Niagara County Court, Hannigan, J. — Mental Hygiene Law.
Order unanimously affirmed with costs. Memorandum: County Court properly declared null and void the transfers by the alleged incompetent person (AIP) of her home and $48,164.96 to respondent, her son. Petitioner met his burden of establishing that the AIP was incapacitated at the time of the transfers (see, Spallina v. Giannoccaro, 98 A.D.2d 103; Matter of Camarda, 63 A.D.2d 837, 839) and that a confidential relationship existed between the AIP and respondent (see, Peters v. Nicotera, 248 A.D.2d 969, 970). The burden then shifted to respondent to show that the transfers were not the product of undue influence or coercion (see, Peters v. Nicotera, supra, at 970; Matter of Hall v. Clyne, 206 A.D.2d 428, 429; Matter of Camarda, supra, at 839). Respondent failed to meet that burden. We have examined respondent's remaining contentions and conclude that they are without merit.
Present — Green, J. P., Pine, Wisner, Scudder and Callahan, JJ.