Matter of Maldonado v R.J.

Matter of Matter of Maldonado v R.J. 2012 NY Slip Op 01751 Decided on March 8, 2012 Appellate Division, First 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 8, 2012
Mazzarelli, J.P., Saxe, Renwick, Richter, Abdus-Salaam, JJ.
7139 403230/11

[*1]In re Thomas Maldonado, M.D., etc., Petitioner-Respondent,

v

R.J., etc., Respondent-Appellant.




Marvin Bernstein, Mental Hygiene Legal Service, New York
(Diane Goldstein Temkin of counsel), for appellant.
McAloon & Friedman, P.C., New York (Gina Bernardi Di
Folco of counsel), for respondent.

Judgment, Supreme Court, New York County (Edwin Torres, J.), entered December 22, 2011, which, in a special proceeding brought pursuant to Public Health Law § 2994-r(1), upon findings that respondent patient lacks the capacity to make a reasoned decision with respect to the medical treatment recommended by his physicians and that such treatment is in respondent's best interests, authorized petitioner doctor to arrange for major medical treatment under § 2994-g(4), including performing a right lower extremity amputation and all associated procedures upon respondent, unanimously affirmed, without costs.

Clear and convincing evidence — namely, respondent's testimony and the testimony of two attending physicians at the hospital, one of whom was a board-certified psychiatrist — supports the court's determination that respondent lacks decision-making capacity (see Public Health Law § 2994-c[6]; Addington v Texas, 441 US 418, 431-433 [1979]; Rivers v Katz, 67 NY2d 485, 497 [1986]). Respondent's testimony was consistent with the psychiatrist's diagnosis of schizophrenia and showed that he lacked decision-making capacity because of his mental illness.

We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 8, 2012

CLERK