Alvarado v. City of New York

Appellate Division of the Supreme Court of New York

Alvarado v. City of New York

157 A.D.2d 604, 550 N.Y.S.2d 353, 1990 N.Y. App. Div. LEXIS 555

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 1990

StatusPublished

Cited by2 cases

This text of 157 A.D.2d 604 (Alvarado v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarado v. City of New York, 157 A.D.2d 604, 550 N.Y.S.2d 353, 1990 N.Y. App. Div. LEXIS 555 (N.Y. Ct. App. 1990).

Pincite

Opinion

—Order, Supreme Court, New York County (Helen Freedman, J.), entered on November 3, 1989, which, inter alia, rejected petitioners’ constitutional challenge to the New York State Department of Health regulation governing determination of death (10 NYCRR 400.16) and held that the infant petitioner, Luis Alvarado, was brain dead pursuant to the criteria established therein, thereby permitting respondents to remove life support systems, unanimously vacated, on consent of respondents, and the appeal therefrom is dismissed as academic, without costs.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Helen Freedman, J.), entered on November 3, 1989, which, inter alia, rejected petitioners’ constitutional challenge to the New York State Department of Health regulation governing determination of death (10 NYCRR 400.16) and held that the infant petitioner, Luis Alvarado, was brain dead pursuant to the criteria established therein, thereby permitting respondents to remove life support systems, unanimously vacated, on consent of respondents, and the appeal therefrom is dismissed as academic, without costs.

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.

Cite This Page — Counsel Stack

Bluebook (online)

157 A.D.2d 604, 550 N.Y.S.2d 353, 1990 N.Y. App. Div. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarado-v-city-of-new-york-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack