MATTER OF INVESTIGATION, ETC., COUNTY OF KINGS


286 A.D. 270 (1955)

In the Matter of The Investigation into Alleged Commission of Criminal Abortions in the County of Kings Grand Jury of Kings County for the Additional December 1953 Term, et al., Appellants; Israel Magelaner, as Superintendent of Kings County Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1955.


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for appellants.

Peter Campbell Brown, Corporation Counsel (Victor J. Herwitz and Seymour B. Quel of counsel), for respondent.

NOLAN, P. J., WENZEL, SCHMIDT and MURPHY, JJ., concur.


BELDOCK, J.

The question for determination on this appeal is whether, with respect to abortions, section 90 of the Sanitary Code of The City of New York has effected a repeal or suspension, within the city, of the State statute which prohibits a doctor from disclosing "any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...

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