CPLR 208's insanity toll does not terminate on the appointment of a guardian, according to the First Department, in Giannicos v. Bellevue Hospital Med. Ctr., which was decided on July 19, 2007. This medical malpractice action had been tolled after a Special Referee found that the incapacitated plaintiff was unable to protect his legal rights because of an overall inability to function as the result of a stroke.