BOOTHBY v. S.


221 A.D.2d 970 (1995)

635 N.Y.S.2d 390

In the Matter of James Boothby, as Acting Director of The J. N. Adam Developmental Disabilities Service Office, Appellant, v. Margaret S., Respondent

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

November 15, 1995


Order unanimously reversed on the law without costs, motion denied and petition reinstated.

Memorandum:

Supreme Court erred in dismissing without prejudice a petition seeking authorization for a thyroidectomy to be performed on respondent, who is mentally retarded. The petition alleges that, "by reason of her mental retardation, [respondent] is unable to make a meaningful decision with respect to the necessity and desirability of having an operation performed...

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