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GREEN v. CITY OF NEW YORK

Docket No. 04-1006-cv.

465 F.3d 65 (2006)

Susan Ross GREEN as Executrix of the Estate of Walter Green, deceased, Susan Ross Green, and Alixandra Green, an infant, by her Mother and Natural Guardian, Susan Ross Green, Plaintiffs-Appellants, v. CITY OF NEW YORK, Paul Giblin, and St. Luke's-Roosevelt Hospital Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2006.

Attorney(s) appearing for the Case

Elisa Barnes, Law Office of Elisa Barnes, New York, NY, for Plaintiffs-Appellants.

Scott Shorr, Assistant Corporation Counsel for the City of New York (Michael A. Cardozo, Corporation Counsel, and Ron E. Sternberg, Assistant Corporation Counsel, on the brief), New York, NY, for Defendants-Appellees Paul Giblin and City of New York.

Michael P. Kelly, Schiavetti, Corgan, Soscia, DiEdwards & Nicholson, LLP, White Plains, NY, for Defendant-Appellee St. Luke's-Roosevelt Hospital Center.

Before POOLER and KATZMANN, Circuit Judges.

POOLER, Circuit Judge.

This appeal stems from a decision by the individual defendant, New York City Fire Department Lieutenant Paul Giblin, to transport Walter Green ("Walter") to a hospital without evaluating whether Walter was competent to refuse treatment or whether he had done so. On March 19, 2000, Walter, whose amytrophic lateral sclerosis ("ALS") had progressed to the point that he could not breathe on his own, was at home with an assistant, Marcella Lopez...

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