MATTER OF O'BRIEN


135 Misc.2d 1076 (1986)

In the Matter of the Appointment of a Conservator of the Property of Thomas O'Brien, a Proposed Conservatee.

Supreme Court, New York County.

November 7, 1986


Attorney(s) appearing for the Case

Hahn, Hahn & Ford (Thomas J. Ford of counsel), for Rita Kerr, petitioner. Herzfeld & Rubin, P. C. (Jonathan Herlands of counsel), for guardian ad litem. Robert Abrams, Attorney-General (Debra Marcus of counsel), for David Axelrod, as Commissioner of the New York State Department of Health, petitioner. Edwin McMahon Singer for estate of Thomas O'Brien.


EDWARD J. GREENFIELD, J.

In dealing with a life-threatening situation or with a seriously disabled patient, a court may sometimes be called upon to make the difficult decision between the fiercely competing claims for survival and prolongation of life on the one hand and the minimizing of the suffering and agonies of the patient on the other. This case poses such a choice for the court.

Monsignor...

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