Legal Opinion

In re Thomas B.

New York City Family Court

Decided September 23, 1991PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Peter R. Sprague, J.

ISSUE

The question before the court is whether the court, upon application of a child’s biological mother but over the vigorous personal objection of the child, has the authority to direct that the child be diagnosed at a hospital by the use of bodily-intrusive techniques? Based upon the unique, emergency circumstances of this case, the court answers the question in the affirmative.

FACTUAL BACKGROUND

The respondent in this proceeding is a 15-year-old young man who was radiologically diagnosed on May 29, 1991 as having an anterior mediastinal tumor. The…

2Cases cited5 opinions

  1. Eichner v. DillonNew York Court of Appeals · 1981
  2. In re SampsonNew York Court of Appeals · 1972
  3. In re SampsonNew York Family Court · 1970
  4. Catholic Charities of Roman Catholic Diocese of Syracuse, Inc. v. BarberNew York City Family Court · 1981
  5. Catholic Charities of the Roman Catholic Diocese v. BarberAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by3 opinions

  1. In re ABNew York Supreme Court · 2003
  2. Alfonso v. FernandezAppellate Division of the Supreme Court of the State of New York · 1993
  3. Alfonso v. FernandezNew York Supreme Court · 1992

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