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IN THE MATTER OF EGGLESTON v. GLORIA N.

55 A.D.3d 309 (2008)

865 N.Y.S.2d 49

In the Matter of VERNA EGGLESTON, as Commissioner of Social Services of the City of New York, Petitioner, v. GLORIA N., a Person Alleged to be Incapacitated, Appellant.

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

October 2, 2008.

Under the circumstances of this case, it is reasonable to maintain respondent in the community, preferably in her apartment; placing her in a skilled nursing or residential care facility is not the least restrictive form of intervention (see Mental Hygiene Law § 81.22 [a] [9]; Matter of Jospe, 2003 NY Slip Op 50588[U] [2003]). Moreover, since the guardian never sought to place respondent in such a facility and respondent was not given notice or an opportunity...

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