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Matter of Alvarado v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1990
157 A.D.2d 604 (N.Y. App. Div. 1990)

Opinion

January 25, 1990

Appeal from the Supreme Court, New York County (Helen Freedman, J.).


Subsequent to the issuance of the order appealed from, the municipal respondents determined, on the basis of new medical findings, that the condition of the infant petitioner does not constitute brain death as defined in 10 NYCRR 400.16 (a) (2) and have consented to vacatur of the order. In addition, respondents have agreed to seek judicial review before conducting further tests for the purposes of determining whether the infant petitioner is brain dead and before disconnecting life support systems based upon any such determination.

Accordingly, the order appealed from is vacated on consent of respondents, respondents are directed to seek judicial review as indicated, and the appeal is dismissed as academic.

Concur — Kupferman, J.P., Carro, Asch, Kassal and Smith, JJ.


Summaries of

Matter of Alvarado v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1990
157 A.D.2d 604 (N.Y. App. Div. 1990)
Case details for

Matter of Alvarado v. City of New York

Case Details

Full title:In the Matter of CARLOTTA R. ALVARADO, as Mother and Natural Guardian of…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 25, 1990

Citations

157 A.D.2d 604 (N.Y. App. Div. 1990)
550 N.Y.S.2d 353

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