§ 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.