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MATTER OF ST. LUKE'S-ROOSEVELT HOSP. CTR.

89 N.Y.2d 889 (1996)

675 N.E.2d 1209

653 N.Y.S.2d 257

In the Matter of St. Luke's-Roosevelt Hospital Center, Petitioner. Marie H. et al., Respondents; City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Alan G. Krams and Kristin M. Helmers of counsel), for appellant.

Disability Advocates, Inc., Albany (Cliff Zucker of counsel), for Marie H., respondent.

Kenneth Falk, New York City, Michael Colodner and John Eiseman for New York State Office of Court Administration, respondent.

Dennis C. Vacco, Attorney-General, New York City (Amy L. Abramowitz and Barbara G. Billet of counsel), for State of New York, respondent.

Steven S. Zaleznick, Bruce B. Vignery, Julie Campbell and Vicki Gottlich, of the District of Columbia Bar, admitted pro hac vice, for American Association of Retired Persons and others, amici curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Chief Judge KAYE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In November 1993, St. Luke's-Roosevelt Hospital Center initiated a proceeding pursuant to article 81 of the Mental Hygiene Law for the appointment of a guardian for respondent, an indigent alleged incompetent person (AIP), for the purpose of transferring her to a nursing home and making major medical or dental treatment decisions without...

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