IN THE MATTER OF M.B.


21 A.D.3d 28 (2005)

797 N.Y.S.2d 510

In the Matter of M.B. MENTAL HYGIENE LEGAL SERVICE, Appellant; STATEN ISLAND DEVELOPMENTAL DISABILITIES SERVICES OFFICE et al., Respondents.

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

June 13, 2005.


Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Mineola (Sidney Hirschfeld, Lisa Volpe and Dennis B. Feld of counsel), appellant pro se.

Eliot Spitzer, Attorney General, New York City (Michael S. Belohlavek and Jean Lin of counsel), for respondent Staten Island Developmental Disabilities Services Office.

NYSARC, Inc., Delmar (Tania F. Seaburg and John F. Von Ahn of counsel), amicus curiae.

H. MILLER, J.P., and ADAMS, JJ., concur.


OPINION OF THE COURT

GOLDSTEIN, J.

By amended decree of the Surrogate's Court, Richmond County, dated January 24, 2003, M.B.'s brother, R.B., was appointed "guardian of the person only" of M.B. The amended decree made no mention of any powers to make health care decisions. Thereafter, M.B. was admitted to Staten Island University Hospital suffering from pneumonia, hypertension, and hypoxia. In early October...

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