Sutherland v. City of New York

The court stands in the position of parens patriae and must act in the best interests of the infant. (See Matter of Sanjivini K., 40 NY2d 1025, 1027.)

It is important that the infant plaintiff, whose legs have been amputated and who has suffered partial amputation of her upper extremities, be properly cared for. Moreover, the public and society at large should not have to bear the burden of her becoming a public charge.

The court, after due and intelligent deliberation, concluded that the mother, the natural guardian, was not fully qualified to make the determination with respect to the offer…