Legal Opinion
In re New York Presbyterian Hospital
New York Supreme Court
Decided May 21, 1999PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
John P. DiBlasi, J.
In what appears to be a matter of first impression, the court is asked to determine an issue involving the relationship between Mental Hygiene Law articles 81 and 33. Specifically, the court must decide whether an individual for whom a guardian has been appointed nevertheless retains the right to seek a hearing to challenge an effort to medicate her over her objection. Based upon the reasoning which follows, the court concludes that the guardian appointed pursuant to Mental Hygiene Law article 81 may not waive such a hearing over the objection of the…
2Cases cited11 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Reilly v. ReidNew York Court of Appeals · 1978
- Superintendent of Belchertown State School v. SaikewiczMassachusetts Supreme Judicial Court · 1977
- Rivers v. KatzNew York Court of Appeals · 1986
- McGrath v. GoldNew York Court of Appeals · 1975
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3Cited by4 opinions
- Evangelical Lutheran Good Samaritan Society v. MorenoDistrict Court, D. New Mexico · 2017
- In re Rhodanna C.B.Appellate Division of the Supreme Court of the State of New York · 2006
- In re DiurnoNew York Supreme Court · 1999
- Lisa Aptaker MD (Daughter of Julia) v. Judah Samet, Court Appointed Guardian, Judah Samet, Chief Executive Officer, Allied Community Support Services, Sarah Samet, Director, Allied Community Support Services, Francisco Nunez, Case Manager, Allied Community Support Services, Allied Community Support Services, Steven Wieder, Administrator, Bezalel Rehabilitation & Nursing Home, Nat Gordon, Chief Operating Officer, Bezalel Rehabilitation & Nursing HomeDistrict Court, E.D. New York · 2026