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MATTER OF ALVARADO v. CITY OF NEW YORK

157 A.D.2d 604 (1990)

In the Matter of Carlotta R. Alvarado, as Mother and Natural Guardian of Luis A. Alvarado, an Infant, et al., Appellants, v. City of New York et al., Respondents, and New York State Department of Health, Intervenor-Respondent

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

January 25, 1990

Subsequent to the issuance of the order appealed from, the municipal respondents determined, on the basis of new medical findings, that the condition of the infant petitioner does not constitute brain death as defined in 10 NYCRR 400.16 (a) (2) and have consented to vacatur of the order. In addition, respondents have agreed to seek judicial review before conducting further tests for the purposes of determining whether the infant petitioner is brain dead and before disconnecting...

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