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Matter of Santos v. Goldstein

Appellate Division of the Supreme Court of New York, First Department
May 3, 1962
16 A.D.2d 755 (N.Y. App. Div. 1962)

Summary

In Matter of Santos v Goldstein (16 A.D.2d 755, mot for lv to app dsmd 12 N.Y.2d 642) the refusal to give consent to a blood transfusion essential for the safety of the child constituted neglect.

Summary of this case from Matter of Gregory S

Opinion

May 3, 1962


Order, entered on May 25, 1961 adjudicating that the child "is neglected" unanimously affirmed, without costs. The parents, because of religious convictions, refused to give their consent to a blood transfusion. Operative procedure might have made a transfusion essential for the safety of the child. Such refusal warranted the finding of "neglect" within the meaning of section 2 (subd. [17], par. [g] of the New York City Domestic Relations Court Act (see People ex rel. Wallace v. Labrenz, 411 Ill. 618, cert. denied 344 U.S. 824). Such finding, however, does not constitute an adjudication that the parents neglected their child in the ordinary meaning of the word. "Neglected" is here used in its legal sense within the meaning of the Domestic Relations Court Act. It in no way imports a finding that these parents failed in their duty to the child in any other respect.

Concur — Rabin, J.P., Valente, Stevens, Eager and Steuer, JJ.


Summaries of

Matter of Santos v. Goldstein

Appellate Division of the Supreme Court of New York, First Department
May 3, 1962
16 A.D.2d 755 (N.Y. App. Div. 1962)

In Matter of Santos v Goldstein (16 A.D.2d 755, mot for lv to app dsmd 12 N.Y.2d 642) the refusal to give consent to a blood transfusion essential for the safety of the child constituted neglect.

Summary of this case from Matter of Gregory S
Case details for

Matter of Santos v. Goldstein

Case Details

Full title:In the Matter of PETER SANTOS et al., Appellants, v. BURTON S. GOLDSTEIN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 3, 1962

Citations

16 A.D.2d 755 (N.Y. App. Div. 1962)

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