RODRIGUEZ v. EPSTEIN (1997)

Supreme Court, Appellate Division, First Department, New York.

Helen RODRIGUEZ, Plaintiff-Appellant, v. Salomon Natan EPSTEIN, M.D., Defendant-Respondent.

Decided: November 13, 1997

Before ROSENBERGER, J.P., and NARDELLI, ANDRIAS and COLABELLA, JJ.

Michael J. Noonan, for Plaintiff-Appellant. Richard A. Hines, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 7, 1996, which granted defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

The action, which is based on plaintiff's lack of informed consent to an abortion performed by defendant, was properly dismissed on the ground that Public Health Law § 2805-d does not require physicians to refer patients to counseling on alternatives to abortion or to provide such counseling to patients seeking elective abortions (see, Perez v. Park Madison Professional Labs., 212 A.D.2d 271, 274, 630 N.Y.S.2d 37; compare, Planned Parenthood v. Casey, 505 U.S. 833, 881-885, 902, 112 S.Ct. 2791, 2822-2823, 2833, 120 L.Ed.2d 674).

We have considered plaintiff's other arguments and in the circumstances find them to be without merit.

MEMORANDUM DECISION.

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