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N.Y. MHY Law § 81.42

This is the official text of N.Y. MHY Law § 81.42, part of New York’s MHY Law — part of the compiled statutory law of New York, published by the state as "MHY Law." Browse the sections below, each linked to its official government source.

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Compliance

Official statutory text

§ 81.42 Compliance.\n (a) A motion to dismiss based on the alleged failure to comply with\nany of the provisions of this article, other than subparagraph (i) of\nparagraph one of subdivision (d) of section 81.07 of this article, must\nbe determined without regard to technical mistakes, deficiencies, and\nomissions that do not result in actual prejudice that affects the\nintegrity of the proceeding.\n (b) A judgment or order made pursuant to this article, unless reversed\non appeal, releases the guardian and the sureties from all claims of the\nincapacitated person and/or any person affected thereby based on any act\nor omission directly authorized, approved or confirmed in the judgment\nor order. This section does not apply where the judgment or order is\nobtained by fraud or conspiracy or by misrepresentation contained in the\nnotice, petition, account, or in the judgment or order as to any\nmaterial fact. For purposes of this subdivision, misrepresentation of a\nmaterial fact includes but is not limited to the omission of a material\nfact.\n

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.