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Erneta v. Princeton Hospital, Wilson

Court of Appeals of the State of New York
Mar 18, 1980
404 N.E.2d 1335 (N.Y. 1980)

Summary

In Erneta v Princeton Hosp. (49 N.Y.2d 829) our court acknowledged the mandate of the Supreme Court of the United States in Rush v Savchuk (444 U.S. 320).

Summary of this case from Gager v. White

Opinion

Argued February 8, 1980

Decided March 18, 1980

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.

Michael B. Schad and Anthony L. Schiavetti for appellants.

Mark B. Wiesen for respondents.


Order reversed, with costs, the order of Supreme Court, New York County, reinstated, and question certified answered in the negative (see Rush v Savchuk, 444 U.S. 320).

Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Judge JASEN concurs in the following memorandum.


While I join my colleagues in reversing the order of the Appellate Division, I would have preferred an institutional reassessment of Seider v Roth ( 17 N.Y.2d 111) by our court rather than an obligatory abandonment of the Seider doctrine upon constraint of Rush v Savchuk ( 444 U.S. 320) (see concurring opn Donawitz v Danek, 42 N.Y.2d 138, 143-151).

Order reversed, etc.


Summaries of

Erneta v. Princeton Hospital, Wilson

Court of Appeals of the State of New York
Mar 18, 1980
404 N.E.2d 1335 (N.Y. 1980)

In Erneta v Princeton Hosp. (49 N.Y.2d 829) our court acknowledged the mandate of the Supreme Court of the United States in Rush v Savchuk (444 U.S. 320).

Summary of this case from Gager v. White
Case details for

Erneta v. Princeton Hospital, Wilson

Case Details

Full title:NICOLE ERNETA, an Infant by Her Mother and Natural Guardian, WANDA ERNETA…

Court:Court of Appeals of the State of New York

Date published: Mar 18, 1980

Citations

404 N.E.2d 1335 (N.Y. 1980)
404 N.E.2d 1335
427 N.Y.S.2d 794

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Gager v. White

Finally, the concurrers' comments are quickly met: First, Erneta v Princeton Hosp. ( 49 N.Y.2d 829), a…