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SOMBROTTO v. CHRISTIANA W.

50 A.D.3d 63 (2008)

852 N.Y.S.2d 57

In the Matter of LISA SOMBROTTO, M.D., on Behalf of NEW-YORK PRESBYTERIAN MEDICAL CENTER, PAYNE WHITNEY MANHATTAN, Respondent, v. CHRISTIANA W., Appellant.

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

January 31, 2008.

Attorney(s) appearing for the Case

Marvin Bernstein, New York City (Diane G. Temkin and Sadie Zea Ishee of counsel), for appellant.

Garfunkel, Wild & Travis, P.C., Great Neck (Eve Green Koopersmith and Jason Hsi of counsel), for respondent.

MARLOW and CATTERSON, JJ., concur with NARDELLI, J.; FRIEDMAN, J.P., concurs in a separate opinion.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether Supreme Court properly granted petitioner hospital's petition to involuntarily administer psychotropic medications to the then 14-year-old respondent over her and her parents' objections, after conducting a hearing to which the parents were not parties.

On December 26, 2006, respondent, who was then 14 years old with no formal psychiatric history, was at the home...

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