Legal Opinion

In re M.B. Mental Hygiene Legal Service

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2005PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Goldstein, J.

By amended decree of the Surrogate’s Court, Richmond County, dated January 24, 2003, M.B.’s brother, R.B., was appointed “guardian of the person only” of M.B. The amended decree made no mention of any powers to make health care decisions. Thereafter, M.B. was admitted to Staten Island University Hospital suffering from pneumonia, hypertension, and hypoxia. In early October 2003, he was placed on a respirator for breathing and a nasal-gastric tube for feeding and hydration. On or about October 14, 2003, R.B., as guardian of the person of M.B., requested…

2Cases cited14 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  3. Eichner v. DillonNew York Court of Appeals · 1981
  4. Matter of Marino S.New York Court of Appeals · 2003
  5. In re Westchester County Medical CenterNew York Court of Appeals · 1988

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3Cited by2 opinions

  1. McLaurin v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re the Guardianship of R.K.New York Surrogate's Court · 2006

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