DOE v. AXELROD


136 A.D.2d 410 (1988)

Jane Doe et al., Respondents, v. David Axelrod, as Commissioner of Health of The State of New York, Appellant

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

April 28, 1988


Attorney(s) appearing for the Case

Leon D. Lazer of counsel (George G. Nelson and Beth A. Fox with him on the brief; Shea & Gould, attorneys), for respondents.

Darren O'Connor of counsel (Robert Abrams, Attorney-General, attorney), for appellant.

ELLERIN, J., concurs with ASCH, J.; KUPFERMAN, J. P., concurs in an opinion; SULLIVAN and MILONAS, JJ., dissent in part in an opinion by MILONAS, J.


ASCH, J.

The dissent is an extensive legal and medical tract. However, the only issue now before us is the very narrow one of whether Special Term improperly granted a preliminary injunction temporarily restraining the New York State Commissioner of Health from putting the instant regulation into immediate effect, in advance of a trial. Such a trial will provide a broad forum for the expression of expert medical...

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