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MATTER OF RHODANNA C. B.

36 A.D.3d 106 (2006)

823 N.Y.S.2d 497

In the Matter of RHODANNA C.B., Appellant. PAMELA B. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 31, 2006.

Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Mineola (Sidney Hirschfeld, Felicia B. Rosen and Dennis B. Feld of counsel), for appellant.

RITTER, J.P., and SKELOS, J., concur with MASTRO, J.; LUCIANO, J., dissents and votes to affirm the judgment insofar as appealed from in a separate opinion.

OPINION OF THE COURT

MASTRO, J.

We hold today that the Supreme Court's appointment of guardians pursuant to Mental Hygiene Law article 81 with the authority to consent in perpetuity to the administration of psychotropic medication to their ward, over her objection and without any further judicial review or approval, is inconsistent with the due process requirements of Rivers v Katz (67 N.Y.2d 485 [1986]). Accordingly...

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