BYRN v. N.Y.C. HEALTH & HOSP. CORP.


38 A.D.2d 316 (1972)

Robert M. Byrn, as Guardian ad Litem for an Infant "Roe", an Unborn Child, and All Similarly Situated Unborn Infants, Respondent, v. New York City Health & Hospitals Corporation et al., Appellants, et al., Defendants

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

February 24, 1972.


Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (James Nespole, Leonard Bernikow and Yvette Harmon of counsel), for New York City Health & Hospitals Corporation, appellant.

Louis J. Lefkowitz, Attorney-General (Joel Lewittes of counsel), appellant in person.

Hahn, Hahn & Ford (Thomas J. Ford of counsel), for respondent.

Nancy Stearns, Rhonda Copelon Schoenbrod and Kenneth Norwick for intervenors.

Thomas J. Dillon for Supreme Anchor Club of America, Inc., amicus curiae.

Marilyn Elaine Meadors, Edith M. Novack and K. Randett Walster for New Women Lawyers and another, amici curiae.

Carol Bellamy for National Organization for Women, New York, amicus curiae.

Elizabeth Holtzman and Edith M. Novack for Women's Rights Committee of the New Democratic Coalition, amicus curiae.

Greenbaum, Wolff & Ernst (Harriet F. Pilpel, Frederic S. Nathan, Nancy F. Wechsler and Ruth Jane Zuckerman of counsel), for Citizens Committee for Children of New York, Inc., and others, amici curiae.

RABIN, P. J., LATHAM and SHAPIRO, JJ., concur with CHRIST, J.; GULOTTA, J., dissents in part, in an opinion.


CHRIST, J.

Pursuant to an ex parte order of the Supreme Court, Queens County, entered December 3, 1971, the plaintiff, Robert M. Byrn, was appointed guardian ad litem for the infant "Roe" and all similarly situated members of a class of unborn infants of less than 24 weeks' gestation scheduled for abortion in public hospitals under the operation and control of the defendant New York City Health and Hospitals...

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