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Helen Gardner v. New York Presbyterian Brooklyn Methodist Hospital, et al.

Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2019-13202 · judgment October 30, 2020


Certiorari denied · February 22, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Supreme Court of the State of New York, namely, Judge Marsha L. Steinhardt, erred and abused its/her discretion by dismissing Petitioner’s Wrongful Death Case for want of a Certificate of Merit which does not apply in New York State.

  2. Whether Petitioner’s First Amendment right to petition, 42 USC §1981 right to sue, give evidence, to be parties to suits was violated by the actions of the Supreme Court of the State of New York?

  3. Whether Petitioner’s Fourteenth Amendment right of due process, and access to the courts was violated by actions of Supreme Court of the State of New York?

Counsel of record

For petitioner
Helen Gardner

For respondent
Adonaid Casado Medina
Vigorito Barker Patterson Nichols & Porter, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Feb 02 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 18 2022
    Brief of respondents New York Presbyterian Hospital, et al. in opposition filed.
  4. Dec 14 2021