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S.I. v. R.S.

24 Misc.3d 567 (2009)

877 N.Y.S.2d 860

S.I. et al., as Proposed Special Needs Guardians and Guardians ad Litem for their Disabled Brother, S.S., an Incapacitated Person, Petitioners, v. R.S., as S.S.'s Health Care Agent, et al., Respondents.

Supreme Court, Nassau County.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Mark J. Kurzmann, Pearl River, for petitioners.

Garfunkel, Wild & Travis, P.C., Great Neck (Eve Green Koopersmith of counsel), for South Nassau Communities Hospital, respondent.

Emily Franchina, Garden City, for R.S., respondent.

Mental Hygiene Legal Service, Mineola (Sidney Hirschfeld and Catherine Anagnostopoulos of counsel), for S.S.

OPINION OF THE COURT

KAREN V. MURPHY, J.

Petitioner F.H. moved by order to show cause for an order pursuant to Mental Hygiene Law § 81.02 (a) appointing the petitioner F.H. the health care special needs guardian and guardian ad litem for her brother S.S.; empowering F.H. to direct the immediate continuation of the connection and/or reconnection of the mechanical ventilator; and to further direct that the ventilator not be disconnected and that any other...

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