SCHLAGE v. BARRETT

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the defendants established her intent to make an inter vivos gift by clear and convincing evidence (see, Gruen v. Gruen, 68 N.Y.2d 48, 53). Additionally, the plaintiff did not meet her burden of proving her incompetence at the time the gift was given (see, Smith v. Comas, 173 A.D.2d 535; see also, Feiden v. Feiden, 151 A.D.2d 889, 890).

The plaintiff's remaining contentions are without merit.

O'Brien, J. P., Ritter, Thompson and Joy, JJ., concur.