This article describes a federal law suit brought by Disability Rights New York (“DRNY”), arguing that Article 17-A of the Surrogate’s Court Procedure Act violated the Fifth and Fourteenth Amendments of the U.S. Constitution, the Americans with Disabilities Act (“ADA”), and § 504 of the Rehabilitation Act of 1973. The case was ultimately dismissed based on the “abstention doctrine” and the federal courts did not reach the merits.
Download PDF The Myth of Liberty and Justice for All: Guardianship in New York State