MATTER OF NELLIE G.


38 A.D.3d 547 (2007)

831 N.Y.S.2d 473

In the Matter of NELLIE G. NEW YORK CITY HEALTH & HOSPITALS CORP.-QUEENS HOSPITAL CENTER, Respondent; JOYCE G.D., Appellant. JOHN SEAN CROWLEY et al., Nonparty Respondents.

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

Decided March 6, 2007.


Ordered that the order and judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

On September 21, 1995, Nellie G. executed a so-called "springing durable power of attorney" in favor of her daughter, Joyce G.D. In that power of attorney, Nellie G. indicated that in the event that she became...

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