N.Y. Dom. Rel. Law § 141

§ 141. Action to annul marriage on ground of incurable mental illness\nfor five years; procedure; support. 1. If the marriage be annulled on\nthe ground of the mental illness of a spouse, the court may include in\nthe judgment an order providing for his or her suitable support, care\nand maintenance during life from the property or income of the other\nspouse. The court shall specify the amount of such support, care and\nmaintenance and, before rendering judgment, may exact security for such\nsupport, care and maintenance during life and shall order the filing and\nrecording of the instrument creating such security in the office of the\nclerk of the county in which the action is brought and the filing of two\ncertified copies thereof with the office of mental health at its Albany\noffice. The provisions of the judgment relating to support, care and\nmaintenance of the mentally ill spouse during his or her life and to\nsecurity therefor may be modified or amended at any time by the court\nupon due notice to the other party and other interested parties as the\ncourt may direct and in proper case the value of the suitable support,\ncare and maintenance to such spouse during the balance of his or her\nlife based upon appropriate mortality tables may be adjudged and\ndetermined by the court in which the estate of a deceased spouse is\nbeing administered and the same may be recovered on behalf of the\nmentally ill spouse from the estate of the deceased spouse. If the\nmentally ill spouse is maintained in an institution or otherwise under\nthe jurisdiction of the office of mental health, the suitable support,\ncare and maintenance as required in the judgment, unless otherwise\ndirected by the court, shall be the charge established by the\ncommissioner of mental health and such charge may be recovered in the\nmanner provided by law. Such amount shall continue to be so required for\nthe support of the mentally ill spouse in the event of his or her\nremoval from the custody of the office of mental health unless\nthereafter otherwise directed by the court. Any security exacted for the\nsuitable support, care and maintenance during life of the mentally ill\nspouse shall be available to that spouse or any person on his or her\nbehalf or to any person or agency providing support, care and\nmaintenance for such spouse in the event that the required payments for\nsuch support, care and maintenance have not been made and upon\napplication to the court the other spouse shall be ordered and directed\nto provide additional or further security.\n 2. Judgment annulling a marriage on such ground shall not be rendered\nuntil, in addition to any other proofs in the case, a thorough\nexamination of the alleged mentally ill party shall have been made by\nthree physicians who are recognized authorities on mental disease, to be\nappointed by the court, all of whom shall have agreed that such party is\nincurably mentally ill and shall have so reported to the court. In such\naction, the testimony of a physician attached to a state hospital in the\ndepartment of mental hygiene as to information which he acquired in\nattending a patient in a professional capacity at such hospital, shall\nbe taken before a referee appointed by a judge of the court in which\nsuch action is pending if the court in its discretion shall determine\nthat the distance such physician must travel to attend the trial would\nbe a great inconvenience to him or the hospital, or that other\nsufficient reason exists for the appointment of a referee for such\npurpose; provided, however, that any judge of such court at any time in\nhis discretion, notwithstanding such deposition, may order that a\nsubpoena issue for the attendance and examination of such physician upon\nthe trial of the action. In such case a copy of the order shall be\nserved together with the subpoena.\n 3. Except as provided in paragraph five, when the person alleged to be\nincurably mentally ill is confined in a state hospital for the mentally\nill of this state, one, and one only, of the physicians so appointed\nshall be a member of the resident medical staff of such hospital\ndesignated by the director thereof. If the alleged incurably mentally\nill person is not confined in a state hospital for the mentally ill of\nthis state, one of the examining physicians named in pursuance of this\nsection shall be the director of a state hospital for the mentally ill\nif the alleged mentally ill person is within this state, or the\nsuperintendent or comparable officer of a state hospital for the\nmentally ill of the state or country where the alleged mentally ill\nperson is present if the alleged mentally ill person is outside of this\nstate. The report of such superintendent or comparable officer of a\nstate hospital for the mentally ill of such other state or country shall\nnot be received in evidence or considered by the court unless he shall\nbe a well educated physician with at least five years of training and\nexperience in the care and treatment of persons suffering from mental\ndisorders.\n 4. When the plaintiff has been permitted to bring such action or\nprosecute the same as a poor person and the alleged incurably mentally\nill defendant is present within this state, the court shall appoint\nthree physicians who are examining physicians, as defined by section\n1.05 of the mental hygiene law, in the employment of the department of\nmental hygiene. If the alleged mentally ill person be outside of this\nstate, the court may, upon proof thereof, appoint three examining\nphysicians who are qualified under the laws or regulations of the\nforeign state or country where the alleged mentally ill person is\npresent and who have qualifications comparable to those specified in\nsection 1.05 of the mental hygiene law of the state, provided, however,\nthat one of such examining physicians shall be the superintendent or\ncomparable officer of a state hospital for the mentally ill of such\nforeign state or country with qualifications as specified in paragraph\nfour. Such examiners shall make the examination of the alleged mentally\nill party present in this state and file with the court a verified\nreport of their findings and conclusions without costs to such plaintiff\nwhen the plaintiff is a poor person. Examination of an alleged mentally\nill party present outside of this state shall be made at the expense of\nthe plaintiff. Such report shall be received in evidence upon the trial\nof the action without the personal appearance or testimony of such\nexaminers. If the court shall deem it necessary that the testimony of\nany such examiners be taken, the court may order the taking of such\ntestimony by deposition only. The examiners so appointed by the court\nmay be members of the resident medical staff of any state hospital,\nwhether or not the alleged mentally ill person is being confined there.\n