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BORENSTEIN v. SIMONSON

8 Misc.3d 481 (2005)

ROSE BORENSTEIN, as Proposed Special Needs Guardian and Guardian Ad Litem for LEE KAHAN, an Incapacitated Person, Petitioner, v. JOAN SIMONSON, as Lee Kahan's Health Care Agent et al., Respondents.

Supreme Court, Queens County.

March 30, 2005.

Attorney(s) appearing for the Case

Samuel A. Abady & Associates, P.C., New York City, for petitioner.

Joan Simonson, respondent pro se.

Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, Lake Success (Barbara Stegun Phair of counsel), for West Lawrence Care Center, respondent.

OPINION OF THE COURT

MARTIN E. RITHOLTZ, J.

"[A]nd [he] shall cause him to be thoroughly healed" (Exodus 21:19).

"It is best that He who has given life, shall take it away; no one may hasten his death." (Tractate Avodah Zarah 18a.)

"Never will I give a deadly drug, not even if I am asked for one, nor will I give any advice tending in that direction." (Hippocratic oath.)

Is there a procedure in effect in Queens County to facilitate...

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