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MATTER OF LEO R.

2007-353/A

26 Misc.3d 423 (2009)

889 N.Y.S.2d 834

2009 NY Slip Op 29462

In the Matter of the Guardianship of LEO R.

Surrogate's Court, Broome County.

Decided October 26, 2009.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, LLP, Binghamton (Gary W. Farneti of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Binghamton (Carol A. Cocchiola of counsel), for Broome Developmental Center.

Hinman, Howard & Kattell, Binghamton (James M. Hayes of counsel), guardian ad litem.

Mental Hygiene Legal Service, Binghamton (A. Laura Bevacqua of counsel).

OPINION OF THE COURT

EUGENE E. PECKHAM, J.

Petitioner, by order to show cause, as SCPA article 17-A guardian of her brother, Leo, requests that the Broome Developmental Center (BDC) be enjoined as follows: (1) to give her unfettered access to her brother anywhere in the BDC facility, (2) to maintain one-on-one monitoring for Leo, (3) to not awaken Leo and force him to get out of bed until he is ready, and (4) to remove Susan W. from the unit at BDC where...

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