Opinion
2003-03810.
Decided February 9, 2004.
In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian, Marion A.W. appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated February 7, 2003, which, after a hearing, granted the application of the temporary guardian, Douglas K. McNally, for the power to choose her place of abode, including the power to maintain and continue her current residence in the Sunrise Assisted Living facility.
Epstein Becker Green, P.C., New York, N.Y. (Peter J. Strauss and Robert D. Goldstein of counsel), for appellant.
Vincent J. Messina, Central Islip, N.Y., for respondent.
Before: NANCY E. SMITH, J.P., HOWARD MILLER, SANDRA L. TOWNES and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Under the circumstances of this case, it was not reasonable to maintain the appellant "in the community" (Mental Hygiene Law § 81.22[a][9]) and placement in the Sunrise Assisted Living facility represented the least restrictive form of intervention ( see Mental Hygiene Law § 81.01; Matter of Maher, 207 A.D.2d 133; cf. Matter of Jospe, 2003 WL 728768, 2003 N.Y. Misc. LEXIS 134 [Sup Ct, Feb. 03, 2003]).
SMITH, J.P., H. MILLER, TOWNES and RIVERA, JJ., concur.