MTR OF EICHNER (FOX)


73 A.D.2d 431 (1980)

In the Matter of Philip K. Eichner, on Behalf of Joseph C. Fox, Respondent. Denis Dillon, as District Attorney of Nassau County, Appellant

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

March 27, 1980


Attorney(s) appearing for the Case

Denis Dillon, District Attorney (William C. Donnino, Anthony J. Girese and Judith R. Sternberg of counsel), appellant pro se.

Levine & Grossman (William Levine of counsel), for respondent.

Mulholland, Minion, Roe & Clifford (Robert C. Minion and John F. Mulholland of counsel), for guardian ad litem.

Hahn, Hand & Ford (Thomas J. Ford, David J. Fleming, Edward J. Walsh Jr., Raymond Fleck, Jr. and Donald J. Steller of counsel), for the Catholic Lawyers Guild of the Diocese of Rockville Centre, amicus curiae.

A. Lawrence Washburn, Jr., for Human Life Amendment, Inc., amicus curiae.

Thomas J. Dillon, for New York State Right to Life Committee, Inc., amicus curiae.

LAZER, MANGANO, MARGETT and O'CONNOR, JJ., concur.


MOLLEN, P. J.

This appeal concerns the right of a terminally patient in a comatose and essentially vegetative state to have extraordinary life-sustaining measures discontinued, and thereby to permit the process of death to run its natural course. The case raises issues which involve not only the life of the patient, but the interest of the State in maintaining that life. The issues are not difficult to frame...

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