Luciano v. Kennedy

OPINION OF THE COURT

William J. Giacomo, J.

Factual and Procedural Background

On January 7, 2012, two days after the birth of his son at Northern Westchester Hospital (NWH) and while his son and wife were still in the hospital, defendant attempted to carry his newborn son outside of the hospital for some fresh air. Plaintiffs, two nurses employed by NWH, informed defendant that, in order to do so, he had to transport the infant in a bassinet and that he needed permission to remove his son from the maternity floor.

Nevertheless, rather than obtaining a physician’s permission to remove his son from…