Opinion
March 31, 1999
Appeal from Order of Niagara County Court, Hannigan, J. — Mental Hygiene Law.
PRESENT: GREEN, J. P., PINE, WISNER, SCUDDER AND CALLAHAN, JJ.
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.