IN THE MATTER OF ROSE


15 A.D.3d 665 (2005)

790 N.Y.S.2d 689

In the Matter of ROSE P., Appellant. JOAN C., Respondent.

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

February 28, 2005.


Ordered that the order and judgment is reversed, on the law, the facts, and as a matter of discretion, without costs or disbursements, the petition is denied, and the matter is remitted to the Supreme Court, Westchester County, for a bedside hearing for the purpose of ascertaining the wishes and views of the adjudicated incapacitated person.

Under the circumstances of this case, the Supreme Court should have held a bedside hearing to aid in its disposition of the...

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