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  5. 74 N.Y.2d 404 (1989)
 

ZELLWEGER v. SOC SERVS.

74 N.Y.2d 404 (1989)

In the Matter of Hedvig Zellweger, on Behalf of Robert Zellweger, Appellant, v. New York State Department of Social Services et al., Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1989.

Attorney(s) appearing for the Case

Norma E. Hogan for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Wayne L. Benjamin of counsel), for New York State Department of Social Services, respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

Robert Zellweger, the appellant here, is 91 years of age and has suffered from Alzheimer's disease for the past 20 years. He has resided in a Lake Placid nursing home since 1979. His illness has rendered him incompetent, and he is represented in this appeal by his wife Hedvig, who is 86 years of age. His wife suffers from asthma and was hospitalized for extreme respiratory distress during...

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