Toal v. Staten Island University Hospital

dissents and votes to affirm the order, with the following memorandum.

The facts involved in this proceeding are not in dispute. The infant petitioner Kevin Toal was born on May 17, 1995, at Staten Island University Hospital (hereinafter the hospital). Six hours after his birth, he began to experience seizures and was ultimately rendered a quadriplegic.

*593The petitioners have not as yet commenced an action against the hospital and, although Kevin, by reason of his disability and infancy, has until May 2005 to commence an action, any prospective action by his parents would be precluded by the…