| Matter of Univ. Hosp. of State Univ. of N. Y. Upstate Med. Univ. |
| 2004 NY Slip Op 01903 [5 AD3d 1128] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, GORSKI, LAWTON, AND HAYES, JJ.
271 CA 03-01742
[*1]MATTER OF UNIVERSITY HOSPITAL OF STATE UNIVERSITY OF NEW YORK UPSTATE MEDICAL UNIVERSITY, PETITIONER-APPELLANT, FOR AN ORDER UNDER PUBLIC HEALTH LAW § 2992 DETERMINING THE VALIDITY OF A HEALTH CARE PROXY EXECUTED BY YVETTE CASIMIRO, A PATIENT AT UNIVERSITY HOSPITAL OF STATE UNIVERSITY OF NEW YORK UPSTATE MEDICAL UNIVERSITY. ———————————————————————-— ORDER GLENN KARSCHNER AND ROSALIE KARSCHNER, RESPONDENTS-RESPONDENTS; ROBERT JOKL, ESQ., GUARDIAN AD LITEM FOR YVETTE CASIMIRO.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered November 22, 2002. The order, after a hearing, struck the living will/power of attorney and health care proxy of Yvette Casimiro and denied the petition in all other respects.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS OF COUNSEL), FOR PETITIONER-APPELLANT.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs as moot.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court