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DELIO v. MED. CTR.

129 A.D.2d 1 (1987)

In the Matter of Julianne Delio, as Conservator of Daniel Delio, Appellant, v. Westchester County Medical Center et al., Respondents

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

June 1, 1987

Attorney(s) appearing for the Case

Kramer, Dillof, Tessel, Duffy & Moore (Judith A. Livingston of counsel), for appellant.

Henry J. Logan, County Attorney (Terry Jane Ruderman of counsel), for Westchester County Medical Center, respondent.

James D. Hopkins, guardian ad litem on behalf of Daniel Delio, conservatee.

Fenella Rouse and Elena N. Cohen (Zavin, Sinnreich & Wasserman [Richard Wasserman] of counsel), for Society For The Right To Die, Inc., amicus curiae.

MOLLEN, P. J., BROWN and RUBIN, JJ., concur.

THOMPSON, J.

We address on this appeal the controversial and profoundly difficult question of whether the common-law right to decline medical treatment recognized by the courts of this State encompasses a right to remove or withhold artificial means of nourishment and hydration to an individual in a persistent vegetative state with no hope of recovery. Our analysis requires a careful balancing of the patient's...

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