| IN THE MATTER OF THE APPLICATION OF MICHAEL FEENEY, DIRECTOR OF STATE OPERATIONS REGION 1 OF THE NEW YORK STATE OFFICE |
| Motion No: CA 13-00798 |
| Slip Opinion No: 2013 NY Slip Op 75239(U) |
| Decided on May 14, 2013 |
| 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: SCUDDER, P. J., SMITH, FAHEY, PERADOTTO, AND VALENTINO, JJ.
DOCKET NO. CA 13-00798
| IN THE MATTER OF THE APPLICATION OF MICHAEL FEENEY,
DIRECTOR OF STATE OPERATIONS REGION 1 OF THE NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
PETITIONER- APPELLANT, FOR AN ORDER AUTHORIZING THE INSERTION OF A FEEDING TUBE UNDER GENERAL ANESTHESIA FOR JOSEPH P. A
PERSON IN THE CARE OF NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPEMENTAL DISABILITIES. FINGER LAKES
HEALTH SYSTEM, RESPONDENT-RESPONDENT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Joseph D. Valentino on May 3, 2013, for an order assuring that Joseph P. continues to receive adequate hydration and nutrition pending the determination of the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Yates on May 2, 2013, by either confirming that the automatic suspension provided for in SCPA § 1750-b (5) remains in effect pending the determination of the appeal or by granting a preliminary injunction pending the determination of the appeal,
Now, upon reading and filing the affirmations of Bernard F. Sheehan, Esq., dated May 3, 2013, and May 6, 2013, the affirmation of Thomas G. Payyapilli, M.D., dated May 3, 2013, the affirmation of Zainab A. Chaudhry, Esq., dated May 10, 2013, said show cause order with proof of service thereof, the affirmation of Richard T. Yarmel, Esq., dated May 9, 2013, the affirmation of Taryn Draxler, M.D., dated May 9, 2013, the affidavit of Matteo P. sworn to May 8, 2013, the affidavit of Mary Rawcliffe sworn to May 8, 2013, and the affirmation of Jason Feinberg, M.D., dated May 9, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted pursuant to SCPA § 1750-b (5) (a), on the condition that the appeal is perfected on or before May 17, 2013, and
It is further ORDERED that respondent's brief shall be filed and served on or before May 21, 2013, and
It is further ORDERED that if the appeal is perfected on or before May 17, 2013, it shall be added to this Court's day calendar for May 23, 2013.
Entered: May 14, 2013
Frances E. Cafarell, Clerk