FOSMIRE v. NICOLEAU


144 A.D.2d 8 (1989)

In the Matter of Francis J. Fosmire, Petitioner, v. Denise J. Nicoleau et al., Respondents

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

January 9, 1989


Attorney(s) appearing for the Case

Garfunkel, Wild & Travis (Norton Travis of counsel), for petitioner.

Donald T. Ridley for respondents.

MANGANO, and BROWN, JJ., concur with MOLLEN, P. J.; SULLIVAN, J., concurs in a separate opinion.


MOLLEN, P. J.

In this case, we are asked to review the procedures to be followed and the factors to be weighed in resolving the conflicting interests which arise when a competent adult refuses potentially lifesaving medical treatment because such treatment is in contravention of that individual's religious beliefs and/or expressed desire to be treated by alternative methods. We conclude that, under the circumstances...

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