In re Storar

Appellate Division of the Supreme Court of New York

In re Storar

78 A.D.2d 1013, 434 N.Y.S.2d 46, 1980 N.Y. App. Div. LEXIS 13800

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

DecidedNovember 13, 1980

StatusPublished

Cited by3 cases

This text of 78 A.D.2d 1013 (In re Storar) 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

In re Storar, 78 A.D.2d 1013, 434 N.Y.S.2d 46, 1980 N.Y. App. Div. LEXIS 13800 (N.Y. Ct. App. 1980).

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Opinions

Order affirmed, without costs. Memorandum: We note that it is generally recognized that terminally ill competent adults, whose medical experts agree that cure cannot be effected even by extraordinary treatment which may at best give only a short extension of life, have an absolute right to decline to receive such treatment, absent countervailing State interests. W e hold that on the request and plea of his mother who is his closest relative and committee, John Storar, a profoundly mentally retarded incompetent and terminally ill adult, has the same right to refuse such treatment, especially here where it is painful and will only prolong his suffering. This right the court must enforce (see Superintendent of Belchertown State School v Saikewicz, 373 Mass 728; Matter of Quinlan, 70 NJ10; and Matter of Eichner [Fox], 73 AD2d 431). All concur, except Cardamone, J. P., who dissents and votes to reverse and grant the petition in the following memorandum.

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Order affirmed, without costs. Memorandum: We note that it is generally recognized that terminally ill competent adults, whose medical experts agree that cure cannot be effected even by extraordinary treatment which may at best give only a short extension of life, have an absolute right to decline to receive such treatment, absent countervailing State interests. W e hold that on the request and plea of his mother who is his closest relative and committee, John Storar, a profoundly mentally retarded incompetent and terminally ill adult, has the same right to refuse such treatment, especially here where it is painful and will only prolong his suffering. This right the court must enforce (see Superintendent of Belchertown State School v Saikewicz, 373 Mass 728; Matter of Quinlan, 70 NJ10; and Matter of Eichner [Fox], 73 AD2d 431). All concur, except Cardamone, J. P., who dissents and votes to reverse and grant the petition in the following memorandum.

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Bluebook (online)

78 A.D.2d 1013, 434 N.Y.S.2d 46, 1980 N.Y. App. Div. LEXIS 13800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-storar-nyappdiv-1980.

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