NY Dom Rel L § 141 (2021)
2021 New York Laws DOM - Domestic Relations Article 9 - Action to Annul a Marriage or Declare It Void 141 - Action to Annul Marriage on Ground of Incurable Mental Illness for Five Years; Procedure; Support.

§  141. Action to annul marriage on ground of incurable mental illness   for five years; procedure; support. 1. If the marriage  be  annulled  on   the  ground  of the mental illness of a spouse, the court may include in   the judgment an order providing for his or her  suitable  support,  care   and  maintenance  during  life  from the property or income of the other   spouse. The court shall specify the amount of  such  support,  care  and   maintenance  and, before rendering judgment, may exact security for such   support, care and maintenance during life and shall order the filing and   recording of the instrument creating such security in the office of  the   clerk of the county in which the action is brought and the filing of two   certified  copies thereof with the office of mental health at its Albany   office. The provisions of the judgment relating  to  support,  care  and   maintenance  of  the spouse with a mental illness during his or her life   and to security therefor may be modified or amended at any time  by  the   court upon due notice to the other party and other interested parties as   the  court  may  direct  and  in  proper  case the value of the suitable   support, care and maintenance to such spouse during the balance  of  his   or  her life based upon appropriate mortality tables may be adjudged and   determined by the court in which the estate  of  a  deceased  spouse  is   being administered and the same may be recovered on behalf of the spouse   with  a  mental  illness  from the estate of the deceased spouse. If the   spouse with  a  mental  illness  is  maintained  in  an  institution  or   otherwise  under  the  jurisdiction  of the office of mental health, the   suitable support, care and maintenance  as  required  in  the  judgment,   unless  otherwise directed by the court, shall be the charge established   by the commissioner of mental health and such charge may be recovered in   the manner provided by law. Such amount shall continue to be so required   for the support of the spouse with a mental illness in the event of  his   or  her  removal  from the custody of the office of mental health unless   thereafter otherwise directed by the court. Any security exacted for the   suitable support, care and maintenance during life of the spouse with  a   mental illness shall be available to that spouse or any person on his or   her  behalf  or  to  any  person  or  agency providing support, care and   maintenance for such spouse in the event that the required payments  for   such  support,  care  and  maintenance  have  not  been  made  and  upon   application to the court the other spouse shall be ordered and  directed   to provide additional or further security.2.  Judgment annulling a marriage on such ground shall not be rendered   until, in  addition  to  any  other  proofs  in  the  case,  a  thorough   examination  of  the alleged party with a mental illness shall have been   made by three  physicians  who  are  recognized  authorities  on  mental   disease,  to  be  appointed  by the court, all of whom shall have agreed   that such party has an  incurable  mental  illness  and  shall  have  so   reported  to  the  court.  In  such action, the testimony of a physician   attached to a state hospital in the department of mental hygiene  as  to   information  which  he acquired in attending a patient in a professional   capacity at such hospital, shall be taken before a referee appointed  by   a judge of the court in which such action is pending if the court in its   discretion  shall determine that the distance such physician must travel   to attend the trial would  be  a  great  inconvenience  to  him  or  the   hospital,  or that other sufficient reason exists for the appointment of   a referee for such purpose; provided, however, that any  judge  of  such   court  at  any  time in his discretion, notwithstanding such deposition,   may order that a subpoena issue for the attendance  and  examination  of   such  physician upon the trial of the action. In such case a copy of the   order shall be served together with the subpoena.3. Except as provided in paragraph five  of  this  section,  when  the   person  alleged  to  have  an  incurable mental illness is confined in a    state hospital for persons with a mental illness of this state, one, and   one only, of the physicians so  appointed  shall  be  a  member  of  the   resident  medical  staff  of  such  hospital  designated by the director   thereof.  If  the  alleged incurably person with a mental illness is not   confined in a state hospital for persons with a mental illness  of  this   state,  one  of  the  examining  physicians  named  in pursuance of this   section shall be the director of a state hospital  for  persons  with  a   mental  illness  if  the  alleged person with a mental illness is within   this state, or the superintendent  or  comparable  officer  of  a  state   hospital for persons with a mental illness of the state or country where   the  alleged  person  with  a  mental  illness is present if the alleged   person with a mental illness is outside of this  state.  The  report  of   such  superintendent  or  comparable  officer  of  a  state hospital for   persons with a mental illness of such other state or country  shall  not   be  received in evidence or considered by the court unless he shall be a   well educated physician  with  at  least  five  years  of  training  and   experience  in  the  care and treatment of persons suffering from mental   disorders.4. When the plaintiff has been  permitted  to  bring  such  action  or   prosecute  the same as a poor person and the alleged incurably defendant   with a mental illness is present within  this  state,  the  court  shall   appoint  three  physicians  who  are examining physicians, as defined by   section 1.05 of the  mental  hygiene  law,  in  the  employment  of  the   department  of  mental  hygiene.  If  the  alleged  person with a mental   illness be outside of this state, the court  may,  upon  proof  thereof,   appoint  three  examining physicians who are qualified under the laws or   regulations of the foreign state or country  where  the  alleged  person   with  a mental illness is present and who have qualifications comparable   to those specified in section 1.05 of the  mental  hygiene  law  of  the   state, provided, however, that one of such examining physicians shall be   the superintendent or comparable officer of a state hospital for persons   with   a   mental   illness  of  such  foreign  state  or  country  with   qualifications as specified in paragraph four. Such examiners shall make   the examination of the alleged party with a mental  illness  present  in   this  state  and file with the court a verified report of their findings   and conclusions without costs to such plaintiff when the plaintiff is  a   poor  person.  Examination  of  an  alleged  party with a mental illness   present outside of this state shall  be  made  at  the  expense  of  the   plaintiff.  Such  report shall be received in evidence upon the trial of   the  action  without  the  personal  appearance  or  testimony  of  such   examiners.  If  the  court shall deem it necessary that the testimony of   any such examiners be taken, the court may  order  the  taking  of  such   testimony  by  deposition  only. The examiners so appointed by the court   may be members of the resident medical  staff  of  any  state  hospital,   whether  or  not  the  alleged  person  with  a  mental illness is being   confined there.