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N. SHORE UNIV HOSP v. ROSA

86 N.Y.2d 413 (1995)

657 N.E.2d 483

633 N.Y.S.2d 462

In the Matter of North Shore University Hospital, Respondent, v. Margarita Rosa, as Commissioner of the New York State Division of Human Rights, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 1995.

Attorney(s) appearing for the Case

Michael K. Swirsky, New York City, and Lawrence Kunin for appellant.

Winston & Strawn, New York City (Anthony J. D'Auria and Anthony DiSarro of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The primary issue here is whether the State Human Rights Law (Executive Law § 296 [2] [a]) was violated when a medical facility used heightened precautionary measures while treating a patient perceived to be at risk for carrying the AIDS virus. Because the Appellate Division correctly determined that the procedures employed by respondent were supported by sound medical judgment and prevailing medical...

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