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ALVARADO v. HEALTH & HOSPS.

145 Misc.2d 687 (1989)

In the Matter of Luis A. Alvarado, an Infant, by His Mother and Natural Guardian, Carlotta R. Alvarado, et al., Petitioners, v. New York City Health & Hospitals Corporation et al., Respondents.

Supreme Court, New York County.

October 18, 1989

Attorney(s) appearing for the Case

Subin Associates (Bert Subin and Frank Melendez of counsel), for petitioners. Peter L. Zimroth, Corporation Counsel (Norma Kerlin and Alan Harris of counsel), for City of New York, respondent. Salvatore Russo for New York City Health & Hospitals Corporation, respondent. Robert Abrams, Attorney-General (Howard L. Zwickel, Judith E. Kaufman and Barbara Hathaway of counsel), for State of New York.

HELEN E. FREEDMAN, J.

In this tragic case, the court is asked to prevent Elmhurst Hospital from removing a newborn infant from a respirator. The infant's brain ceased to function within hours of birth, although sophisticated mechanical devices have maintained heart and lung function.1

The hospital claims that life support equipment should be withdrawn because the infant...

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