In re Monroe Community Hospital
Opinion of the Court
Motion to vacate ex parte order granted. Memorandum: Pursuant to CPLR 5704 (a), Mental Hygiene Legal Service (MHLS) moves to vacate the ex parte orders of Supreme Court appointing MHLS guardian ad litem for Marion D. and Edward Z. MHLS may be appointed "[i]n any proceeding before the court involving a patient * * * consistent with, and within the scope of, the director’s statutory duties” (22 NYCRR 1023.3). A patient is defined as "a person residing in a facility for the mentally disabled which is licensed or operated by the Department of Mental Hygiene or the Department of Correctional Services, or a person residing in any other place for whom [MHLS] has been appointed counsel or court evaluator pursuant to Mental Hygiene Law article 81” (22 NYCRR 1023.1 [d]; see also, Mental Hygiene Law § 47.01 [a]). Marion D. and Edward Z. are not "patients” within the meaning of 22 NYCRR 1023.1 (d); they are patients at Monroe Community Hospital, which is not a fa
Case-law data current through December 31, 2025. Source: CourtListener bulk data.