MATTER OF JOSEPH P.

777.1 CA 13-00798.

106 A.D.3d 1548 (2013)

In the Matter of JOSEPH P. MICHAEL FEENEY, Director of State Operations Region 1 of New York State office for People with Developmental Disabilities, Appellant; FINGER LAKES HEALTH SYSTEM, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

May 24, 2013.


It is hereby ordered that the order so appealed from is unanimously reversed on the facts without costs and the petition is granted to the extent of authorizing the insertion of a feeding tube.

Memorandum: Joseph P. is a 55-year-old developmentally disabled man with the functional capacity of a four- to six-month old child. He suffers from profound mental retardation, cerebral palsy with spastic quadriplegia, and curvature of the spine. He resided for 27 years in...

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