| IN THE MATTER OF THE APPLICATION OF STEVEN I. GOLDSTEIN, AS GENERAL DIRECTOR AND CHIEF EXECUTIVE OFFICER OF STRONG |
| Motion No: CA 08-01449 |
| Slip Opinion No: 2008 NYSlipOp 78586(U) |
| Decided on July 23, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-01449
DOCKET NO. CA 08-01449PAGE 2
| IN THE MATTER OF THE APPLICATION OF STEVEN I. GOLDSTEIN, AS GENERAL
DIRECTOR AND CHIEF EXECUTIVE OFFICER OF STRONG MEMORIAL HOSPITAL, PETITIONER-RESPONDENT, FOR THE APPOINTMENT OF A GUARDIAN FOR
DOROTHY L., RESPONDENT-RESPONDENT, AN ALLEGED INCAPACITATED PERSON. IANTHE LIVADAS,
RESPONDENT-APPELLANT. Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert J. Lunn on July 3, 2008, for a stay of all proceedings to
enforce an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 29, 2008, pending the hearing and determination of the appeal taken
herein, Now, upon reading and filing the affidavit of Ianthe Livadas sworn to July 3, 2008, the affirmation of Michael A. Rosenhouse dated July 3, 2008, said show cause order with proof of
service thereof, the opposing affirmation of Miles P. Zatkowsky dated July 10, 2008, the opposing affidavit of Heidi Schult Gregory sworn to July 14, 2008, the opposing affidavit of Mary D. Kanerva
sworn to July 14, 2008, the reply affirmation of Michael A. Rosenhouse dated July 18, 2008, the reply affidavit of Ianthe Livadas sworn to July 18, 2008, the reply affidavit of Barbara Carlton sworn to
July 18, 2008, the surreply affirmation of Miles P. Zatkowsky dated July 21, 2008, the surreply affirmation of Michael A. Rosenhouse dated July 21, 2008, and due deliberation having been had
thereon, It is hereby ORDERED that the motion be, and the same hereby is granted to the extent that respondent and the Guardian are hereby enjoined from removing Dorothy L. from life
support without the express permission of Ianthe Livadas pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before August 15,
2008, in which event PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ. |
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing September 8, 2008, and respondents' briefs shall be filed and served on or before August 29, 2008.
Entered: July 23, 2008
JoAnn M. Wahl, Clerk