Legal Opinion
T.D. v. New York State Office of Mental Health
New York Court of Appeals
Decided December 22, 1997PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The appeal should be dismissed, without costs.
In bringing this action, plaintiffs sought to have declared invalid regulations promulgated by defendant New York State Office of Mental Health (OMH), pertaining to experimental medical research on patients or residents of OMH facilities deemed incapable of giving consent. Plaintiffs have received the complete relief sought in this litigation. A successful party who has obtained the full relief sought is not aggrieved, and therefore has no grounds for appeal (CPLR 5511; Parochial Bus Sys. v Board of Educ., 60 NY2d…
2Cases cited4 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
- Bayswater Health Related Facility v. KaragheuzoffNew York Court of Appeals · 1975
3Cited by36 opinions
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- Gadani v. Debrino Caulking Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Held v. New York State Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2009
- Broadway Equities v. Metropolitan Electric Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 2003
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