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MATTER OF MARTIN G.S.

293 A.D.2d 619 (2002)

741 N.Y.S.2d 84

In the Matter of ROSE S. MARTIN G.S., Appellant-Respondent; ELLYN J.S. et al., Respondents-Appellants.

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

Decided April 15, 2002.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof determining that the health care proxy executed by Rose S. on June 22, 1999, was valid, and substituting therefor a provision therefor declaring it invalid; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court erred in declaring that the...

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