John Peter Sipp for R.B. Mental Hygiene Legal Service (Robin Silverman and Lisa Volpe of counsel), for M.B. Helene Georgis-Corey for Staten Island University Hospital.
Eliot Spitzer, Attorney General (Leonard Cohen of counsel), for Staten Island Developmental Disability Service Department.
Surrogate's Court, Richmond County.
OPINION OF THE COURT
JOHN A. FUSCO, S.
In this pending proceeding, Mental Hygiene Legal Service (MHLS), acting on behalf of M.B., a mentally retarded person, seeks an order determining that SCPA 1750 and 1750-b may not be applied retroactively, so that R.B., the brother and guardian of the person of M.B., does not currently possess the authority to direct the withdrawal of life-sustaining treatment from M.B. M...
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