DOE v. AXELROD


73 N.Y.2d 748 (1988)

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

Court of Appeals of the State of New York.

Decided November 22, 1988.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Darren O'Connor, O. Peter Sherwood and Andrea Green of counsel), for appellant.

Sheldon D. Camhy and George G. Nelson for respondents.

Leslie Salzman, Marilyn A. Kneeland and Herbert Semmel for Public Health Association of New York City and another, amici curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs, by reversing so much of that order as affirmed the Supreme Court order granting plaintiffs a preliminary injunction; the certified question should be answered in the negative.

The decision to grant or deny provisional relief, which requires the court to weigh a variety of factors, is a matter ordinarily committed to the sound discretion...

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