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MATTER OF CLAUDIA EE.

35 A.D.3d 112 (2006)

822 N.Y.S.2d 810

In the Matter of CLAUDIA EE., a Mentally Retarded Person. LAURA KK., as Guardian of CLAUDIA EE., Respondent; MENTAL HYGIENE LEGAL SERVICE, Appellant, and ST. PETER'S HOSPITAL, Respondent.

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

October 19, 2006.

Attorney(s) appearing for the Case

Bruce S. Dix, Mental Hygiene Legal Service, Albany (John E. Dorfman of counsel), for appellant.

Maney, McConville & Liccardi, East Greenbush (Stanley B. Segal of counsel), for Laura KK., respondent.

Iseman, Cunningham, Riester & Hyde, Albany (Robert H. Iseman of counsel), for St. Peter's Hospital, respondent.

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

CREW III, SPAIN, MUGGLIN and ROSE, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

In January 2006, petitioner was appointed guardian under SCPA article 17-A of her 50-year-old sister, Claudia EE. The decree and letters of guardianship directed that the guardian comply with SCPA 1750-b in the event that a decision was made to withhold or withdraw life-sustaining treatment. Claudia, a mentally retarded person with Down syndrome who resided in a community residence operated by the Center for Disability...

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