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IN MATTER OF YU

14 Misc.3d 448 (2006)

824 N.Y.S.2d 882

In the Matter of KANG YUN YU, as Director of In-Patient Psychiatry at Interfaith Medical Center, Petitioner, for the Appointment of a Guardian for Q.E.J., an Alleged Incapacitated Person, Respondent.

Supreme Court, Kings County.

November 21, 2006.

Attorney(s) appearing for the Case

Carlucci & Giardina, LLP, for petitioner.

Tessa DiDomenico for respondent.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

Issue Presented

The issue presented in this case is whether an exception should be created to the physician-patient privilege when the medical institution in which the alleged incapacitated person (AIP) resides seeks to present medical records and the testimony of a treating physician to have a guardian appointed in order to secure an appropriate placement of the AIP upon her discharge and to...

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