2010 New York Code
DOM - Domestic Relations
Article 9 - (140 - 146) 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 mentally ill spouse 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
  mentally ill spouse  from the estate of the deceased  spouse.    If  the
  mentally  ill  spouse 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 mentally ill spouse  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  mentally  ill
  spouse  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 mentally ill party 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 is
  incurably  mentally ill 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, when the person alleged to be
  incurably mentally ill is confined in a state hospital for the  mentally

ill  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 mentally
  ill  person  is not confined in a state hospital for the mentally ill of
  this state, one of the examining physicians named in pursuance  of  this
  section  shall  be the director of a state hospital for the mentally ill
  if the alleged  mentally  ill  person  is  within  this  state,  or  the
  superintendent  or  comparable  officer  of  a  state  hospital  for the
  mentally ill of the state or country  where  the  alleged  mentally  ill
  person  is present if the alleged mentally ill person is outside of this
  state. The report of such superintendent  or  comparable  officer  of  a
  state hospital for the mentally ill 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 mentally
  ill defendant 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 mentally ill person 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  mentally  ill  person  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  the  mentally  ill  of  such
  foreign  state  or country with qualifications as specified in paragraph
  four. Such examiners shall make the examination of the alleged  mentally
  ill  party  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  mentally
  ill  party 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 mentally ill person is being confined there.