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IN THE MATTER OF ELIZABETH M.

30 A.D.3d 780 (2006)

817 N.Y.S.2d 181

In the Matter of ELIZABETH M., a Mentally Retarded Person. MENTAL HYGIENE LEGAL SERVICE, Appellant; DEAN M. et al., as Guardians of ELIZABETH M., Respondents. (Proceeding No. 1.) In the Matter of ELIZABETH M., a Mentally Retarded Person. DEAN M. et al., as Guardians of ELIZABETH M., Respondents; MENTAL HYGIENE LEGAL SERVICE, Appellant, et al., Respondent. (Proceeding No. 2.)

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

June 15, 2006.

Peters, J.

Elizabeth M. is a 23-year-old resident of the Springbrook facility located in the Town of Oneonta, Otsego County. She suffers from spina bifida complicated by Arnold-Chiari malformation and shunted hydrocephalus, profound mental retardation and advancing chronic renal insufficiency. Since June 2000, her attending physician, James Listman, as well as her parents, who are also her legal guardians as a result of a 2001 judicial decree, have contemplated withholding...

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