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MATTER OF MULLEN v. AXELROD

74 N.Y.2d 580 (1989)

In the Matter of Mary G. Mullen, as Executrix of Leo J. Mullen, Deceased, Appellant, v. David Axelrod, as Commissioner of Health of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Irwin B. Schwartz and James W. Kennedy for appellant.

Robert Abrams, Attorney-General (Evelyn M. Tenenbaum, O. Peter Sherwood and Lawrence Kahn of counsel), for respondent.

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

Chief Judge WACHTLER.

The petitioner in this article 78 proceeding is Mary Grace Mullen, executrix of the estate of her father, Leo J. Mullen, who died on January 10, 1989. It is Mr. Mullen's care during the final years of his life that is at issue in this appeal. In January 1985, Mr. Mullen entered the Mary Manning Walsh Home in New York City. Petitioner alleges that less than a year later, he was near death...

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