Legal Opinion

In Re St. Luke's-Roosevelt Hospital Center

New York Court of Appeals

Decided December 20, 1996PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In November 1993, St. Luke’s-Roosevelt Hospital Center initiated a proceeding pursuant to article 81 of the Mental Hygiene Law for the appointment of a guardian for respondent, an indigent alleged incompetent person (AIP), for the purpose of transferring her to a nursing home and making major medical or dental treatment decisions without her consent. The AIP had a right to be represented by counsel of her choice in those proceedings if she could afford one (Mental Hygiene Law § 81.10) and if she…

2Cases cited3 opinions

  1. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  2. Rivers v. KatzNew York Court of Appeals · 1986
  3. In re St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by9 opinions

  1. In re United Health Services Hospitals, Inc.New York Supreme Court · 2004
  2. New York County Lawyers' Ass'n v. StateNew York Supreme Court · 2002
  3. In re HecklAppellate Division of the Supreme Court of the State of New York · 2007
  4. Rapoport v. G. M.Appellate Division of the Supreme Court of the State of New York · 1997
  5. In re St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1999

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