ERNETA v. PRINCETON HOSPITAL, WILSON

Order reversed, with costs, the order of Supreme Court, New York County, reinstated, and question certified answered in the negative (see Rush v Savchuk, 444 U.S. 320).

Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Judge JASEN concurs in the following memorandum.

JASEN, J. (concurring).

While I join my colleagues in reversing the order of the Appellate Division, I would have preferred an institutional reassessment of Seider v Roth ( 17 N.Y.2d 111) by our court rather than an obligatory abandonment of the Seider doctrine upon constraint of Rush v Savchuk ( 444 U.S. 320) (see concurring opn Donawitz v Danek, 42 N.Y.2d 138, 143-151).

Order reversed, etc.