Sutherland v. City of New York

Full title: MAUDE SUTHERLAND, an Infant, by her Mother and Natural Guardian, HESTER…

Court: Court of Appeals of the State of New York

Date published: Nov 12, 1985

66 N.Y.2d 800 (N.Y. 1985)

497 N.Y.S.2d 906

488 N.E.2d 837

Opinion

Argued October 10, 1985

Decided November 12, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Ira Gammerman, J.

Howard R. Cohen for the City of New York and others, appellants.

David Henry Sculnick and Marian E. Silber for Presbyterian Hospital in the City of New York, sued herein as Columbia Presbyterian Hospital, and another, appellants.

Kathleen Gill Miller, Harry H. Lipsig and Pamela Anagnos Liapakis for respondents.

Order affirmed, with costs, and question certified answered in the affirmative. We interpret the question certified as asking whether the Appellate Division had the power to reinstate the natural parent as guardian ad litem. We conclude that it had that power, and pass on no other issue (Herrick v Second Cuthouse, 64 N.Y.2d 692; Brady v Ottaway Newspapers, 63 N.Y.2d 1031).

Concur: Chief Judge WACHTLER and Judges JASEN, KAYE, ALEXANDER and TITONE. Taking no part: Judges MEYER and SIMONS.