In re Marion A.W.

Appellate Division of the Supreme Court of New York

In re Marion A.W.

4 A.D.3d 432, 771 N.Y.S.2d 356, 2004 N.Y. App. Div. LEXIS 1293

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 9, 2004

StatusPublished

Cited by2 cases

This text of 4 A.D.3d 432 (In re Marion A.W.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Marion A.W., 4 A.D.3d 432, 771 N.Y.S.2d 356, 2004 N.Y. App. Div. LEXIS 1293 (N.Y. Ct. App. 2004).

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Opinion

a proceeding pursu[433]*433ant to Mental Hygiene Law article 81 to appoint a guardian, Marion A. W. appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated February 7, 2003, which, after a hearing, granted the application of the temporary guardian, Douglas K. McNally, for the power to choose her place of abode, including the power to maintain and continue her current residence in the Sunrise Assisted Living facility.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, it was not reasonable to maintain the appellant “in the community” (Mental Hygiene Law § 81.22 [a] [9]) and placement in the Sunrise Assisted Living facility represented the least restrictive form of intervention (see Mental Hygiene Law § 81.01; Matter of Maher, 207 AD2d 133 [1994]; cf. Matter of Jospe, 2003 WL 728768 [2003], 2003 NY Misc LEXIS 134 [Sup Ct, Feb. 3, 2003]). Smith, J.P., H. Miller, Townes and Rivera, JJ., concur.

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a proceeding pursu[433]*433ant to Mental Hygiene Law article 81 to appoint a guardian, Marion A. W. appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated February 7, 2003, which, after a hearing, granted the application of the temporary guardian, Douglas K. McNally, for the power to choose her place of abode, including the power to maintain and continue her current residence in the Sunrise Assisted Living facility.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, it was not reasonable to maintain the appellant “in the community” (Mental Hygiene Law § 81.22 [a] [9]) and placement in the Sunrise Assisted Living facility represented the least restrictive form of intervention (see Mental Hygiene Law § 81.01; Matter of Maher, 207 AD2d 133 [1994]; cf. Matter of Jospe, 2003 WL 728768 [2003], 2003 NY Misc LEXIS 134 [Sup Ct, Feb. 3, 2003]). Smith, J.P., H. Miller, Townes and Rivera, JJ., concur.

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4 A.D.3d 432, 771 N.Y.S.2d 356, 2004 N.Y. App. Div. LEXIS 1293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marion-aw-nyappdiv-2004.

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