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  5. 261 A.D.2d 320 (1999)
 

MATTER OF ST. LUKE'S-ROOSEVELT HOSPITAL CENTER

261 A.D.2d 320 (1999)

691 N.Y.S.2d 414

In the Matter of ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, Petitioner. MARIE H., Deceased, et al., Respondents; CITY OF NEW YORK, Appellant, and FRANK HANDELMAN, Substituted Respondent.

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

Decided May 25, 1999.

The IAS Court's substitution of Frank Handelman, the deceased respondent's assigned counsel in her Mental Hygiene Law article 81 proceeding, was a provident exercise of discretion pursuant to CPLR 1015 (a) in light of the identity of interest between the decedent and Handelman (see, Rocha Troussier y Asociados v Rivero, 184 A.D.2d 398).

The award of counsel fees pursuant to 42...

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