MATTER OF CHANTEL NICOLE R.


34 A.D.3d 99 (2006)

821 N.Y.S.2d 194

In the Matter of the Guardianship of CHANTEL NICOLE R., Appellant. PAMELA R., Respondent; ATTORNEY GENERAL OF THE STATE OF NEW YORK, Intervenor.

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

September 21, 2006.


Attorney(s) appearing for the Case

Marvin Bernstein, Mental Hygiene Legal Service, New York City (Karen Gomes Andreasian of counsel), for appellant.

Norman L. Cantor, of the New Jersey Bar, admitted pro hac vice, of counsel, and Gibson, Dunn & Crutcher LLP, New York City (Mark E. Bini and Randy M. Mastro of counsel), and Association for the Help of Retarded Children, New York City (Laurie A. Stride of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Oren L. Zeve, Caitlin J. Halligan and Daniel Smirlock of counsel), for intervenor.

Tania F. Seaburg and John F. Von Ahn, Delmar, for NYSARC, Inc., amicus curiae.

ANDRIAS, FRIEDMAN, WILLIAMS and SWEENY, JJ., concur.


OPINION OF THE COURT

TOM, J.P.

This dispute arises out of the appointment, pursuant to SCPA 1750, of petitioner Pamela R. as guardian of the person of her daughter, respondent Chantel R., a 26-year-old mentally retarded person. Mental Hygiene Legal Service, on Chantel's behalf, objects to the appointment to the extent that the guardianship extends to decisions concerning life-sustaining treatment and challenges the constitutionality of the statute under...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases