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MATTER OF O'CONNOR

139 A.D.2d 344 (1988)

In the Matter of Westchester County Medical Center, on Behalf of Mary O'Connor, Appellant. Helen A. Hall et al., Respondents

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

August 16, 1988

Attorney(s) appearing for the Case

Marilyn J. Slatter, County Attorney (Kenneth E. Powell, Carol L. Van Scoyoc and Cataldo F. Fazio of counsel), for appellant.

Cerrato, Sweeney, Cohn, Stahl & Vaccaro (Leo A. Sweeney, Julius W. Cohn and Wayne H. Spector of counsel), for respondents.

Fenella Rouse, Elena N. Cohen and M. Rose Gasner (Zavin, Sinnreich & Wasserman [Richard Wasserman] of counsel), for Society for the Right to Die, Inc., amicus curiae. (One brief filed.)

RUBIN and WEINSTEIN, JJ., concur with MANGANO, J. P.; BROWN, J., dissents and votes to reverse the judgment, on the facts, and to grant the petition and deny the cross application, with an opinion; BALLETTA, J., dissents and votes to reverse the judgment, on the law and the facts, and to grant the petition and deny the cross application, in a separate opinion.

MANGANO, J. P.

The crucial question to be resolved on the instant appeal is whether clear and convincing evidence was adduced at a hearing to establish that the presently incompetent patient, Mary O'Connor, expressed a desire, when she was competent, to exercise her common-law right to refuse all artificial life support systems, which would include nasogastric feeding and intravenous feeding. Our review of the...

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