2023 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.