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ELBAUM v. GRACE PLAZA

148 A.D.2d 244 (1989)

Jean Elbaum, as Conservatee, by Murray Elbaum, as Conservator, Appellant, v. Grace Plaza of Great Neck, Inc., et al., Respondents. Denis Dillon, as District Attorney of Nassau County, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 2, 1989

Attorney(s) appearing for the Case

Werbel McMillin & Carnelutti, P. C. (Joseph D. Pope of counsel), and Wachtell, Lipton, Rosen & Katz for appellant. (One brief filed.)

Spector Scher Feldman Karassik & Levy (Joel J. Spector of counsel), for defendants-respondents.

Denis Dillon, District Attorney (Bruce E. Whitney and John F. McGlynn of counsel), nonparty respondent pro se.

M. Rose Gasner and Fenella Rouse, and Sinnreich & Wasserman (Richard Wasserman of counsel), for Society for the Right to Die, Inc., amicus curiae. (One brief filed.)

MOLLEN, P. J., THOMPSON, BROWN, KUNZEMAN and RUBIN, JJ., concur.

Per Curiam.

The threshold issue presented on this appeal is whether it has been shown by clear and convincing proof that the conservatee, Jean Elbaum, who is in an irreversible, persistent, vegetative state without hope of recovery, and is presently receiving nutrition and hydration through a gastrointestinal tube, made a firm and settled decision, while competent, to decline such treatment under her present circumstances...

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