In re AB,
Index No. 401184/03 (N.Y. Sup. Ct. May 16, 2003)

The New York Supreme Court held that it is a mother's right, as parent and natural guardian of a three-year-old child in a persistent vegetative state ("PVS"), to make the decision to withhold extraordinary life-prolonging measures with the assistance of treating physicians and the consent of the father. The court stated that, absent extraordinary circumstances such as incapacity, conflict of interest, or disagreement between the parents, the parent of a child diagnosed with PVS should have the right to terminate life support in the best interest of the child without the necessity of judicial intervention. In making its decision, the court looked to the Health Care Decisions Act for Persons with Mental Retardation, American Medical Association guidelines, Public Health Law § 2504(2) and New York case law and found that the mother was fully authorized to withhold mechanical ventilation where she proceeded in compliance with the best interest standard.