Legal Opinion

In re Alexis H.

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

Decided June 7, 1991PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs and motion granted. Memorandum: The Mental Hygiene Legal Service (MHLS) appeals from an order denying its motion to intervene in an application for court authorization to perform a total hysterectomy upon Alexis H., a 57-year-old mentally retarded patient residing in a family care home. Supreme Court held that MHLS was authorized to provide legal assistance only to patients or residents of a "school” and that the family care home where Alexis H. resided was not such a school as defined in the Mental Hygiene Law.

Although the surgery has been…

2Cases cited2 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. East Meadow Community Concerts Ass'n v. Board of Education of Union Free School District No. 3New York Court of Appeals · 1966

3Cited by2 opinions

  1. Barber v. Rochester Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 1998
  2. People ex rel. McReynolds v. Commissioner of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 1997

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