INDEX NO. 53327/2019 FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2019 OF NEW YORK STATE COUNTY In the COURT OF WESTCHESTER Matter MONICA for SUPREME the of & YONGMIN ZHU an Order of Application Material STATE OF NEW PETITION of YORK ) SS.: ) COUNTY OF WESTCHESTER 1. ) ZHU MONICA Petitioners, YONGMIN and MONICA Petitioner, No.: ZHU Retrieval the Directing Genetic Index ZHU, resides ZHU, at Crystal 5267 as follows: allege respectfully Ranch Drive, Concord, California Drive, Concord, California 94521. 2. YONGMIN Petitioner, resides ZHU, at 5267 Ranch Crystal 94521. 3. We are 4. Our son 5. Last the Peter breathing. able 6. 7. 8. Peter was Peter Saturday, skiing, parents biological a cadet involved Rescuers to detect was taken to the Unfortunately, Peter flow of oxygen dead on Wednesday That afternoon, pain Point Military Peter in a very CPR bad (D.O.B.: in West Academy went at the skiing accident. on Peter 06/20/1997). Peter for West was New Point, ski Point slope. While unconscious found 15 minutes approximately York. and until not were they a heartbeat. Medical the ZHU 2019, performed to Westchester words PETER at West 23, February was of to Point West to receive Center had his suffered brain. As afternoon, our we entire felt, Hospital a result, continue to medical fractures Peter to his stopped and was then air-lifted treatment. spinal breathing which cord, and was cut off declared the brain 2019. 27, collapsed examination for emergency significant February world and Army around feel, bed. 1 of 8 seeing us. our We son cannot lying even lifeless begin to in his put into hospital INDEX NO. 53327/2019 FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 9. RECEIVED NYSCEF: 03/01/2019 Peter was the ever Peter's 1 1. Peter of his to donate information and to sperm from In order to do this, surgery. which a. and b. that Peter Peter's soerm was is scheduled for him. Peter was so if anything donor, used Center via to life an organ.donation children, today. he often those help in support because removal procedure to have raise life reproductive take place for place, us how five are the material. orean removal reasons: following children to seeking genetic before the he wanted was We often adamant or doubt was and children, horses. Peter question any told take we need, of his own one day, us grandchildren. and but Peter's retrieval in Peter's at 3:00PM family never to preserve to occur a sperm others to must he wanted five donate to in order to give to raise Tragically, of meet. be could Medical oroceedine alive, his d. ever an organ tissue bodily retrieval that us that was other organs body with There and could to become at Westchester Peter's a ranch c. he wanted you ahead at 3:00PM. he wanted told that that Peter belief, the Peter man future organs. important When bright incredible, young alive is scheduled 15. It is extremely an A. retrieving retrieve had organs his 1, 2019) addition caring kept being (March and EXHIBIT see desire and his him, is currently today 14. to old, he decided accident, Please 12. Upon 13. In loving happened need. years most kindest, 10. Before 21 only that that Peter that his that joked a large intended was it would he wanted before he was able Peter's body, we will never a child into to to live on be expensive family. to b.-e..sero short cut dream a father. this realize lifelong dream. e. f. Without realize this chance of We child's sperm obtaining are dream fade bringing Peter's wishes devasted by fulfilling absolutely life of from away before and the your world. his preserving loss eyes the of our son, is something This be able to is our one incredible and the that no help and Peter only legacy. pain of parent watching should ever your have to experience. g. Peter was than words the can love of our lives. He has say. 2 of 8 brought us more joy, pride and happiness INDEX NO. 53327/2019 FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2019 h. Peter's have death was a horrific, prepared for. We are desperate i. spread j. the joy It is also to and tragic have a small happiness important and that to carry on sudden piece of Peter brought Peter's nightmare Peter that might to all of for legacy that neither of on continue live our and to lives. personal deeply could us cultural reasons as well. Our k. culture 1. comes family is the m. In Chinese When on family's Without on p. born, on our carry 0. was our More a son his grandfather Peter of these on this through material and lineage, we cried took lineage genetic importantly, has Father") carry our of Chinese two brothers his has only family's Due brothers. a single name. in large daughter. is the Peter only family. family's family's each part lineage. family "the can important extremely on our policy, name. obtaining an (hereinafter, only Zhu and carrying Zhu in the Peter our of culture, child China "one-child" to China's male n. tradition Yongmin Petitioner, part from will our of joy role very children of from Peter's without that his will was and fully born to carry intended to own. it will be impossible Peter. This to carry die. piece any a son seriously, body, name family be left tears of is not what Peter wanted. 16. Upon information health of copy 17. As We consulted never hesitant 19. Peter organs and is scheduled to make cannot be undergoing professionals the for be removed us that, procedure an organ in order once the our this procedure donation surgery to be donated organ donation 3 of 8 Peter's other to those surgery a However, these in Center, who because 1, 2019), The the is complete, they at which will been doctors to do medical all hospital the them authorizing in need. to have the circumstances, (March addition organs. Medical Order toda.y behalf. conducted However, under a Court be his situation. before without on is Peter's Mother"), time. at Westchester of like at this to remove "the (hereinafter, decisions located retrieval understanding Zhu healthcare be a sperm a procedure to conduct informed medical with conducted will Monica Petitioner, proxy that Peter kind will care requested procedures extremely have health we belief, designated proxy, this such, other 18. care and has are so. time his professionals no longer be INDEX NO. 53327/2019 FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2019 able to retrieve before 20. the sperm surgeries other If this procedure genetic material Peter's from this 21. We are not occur from our son conduct the and legal who is Once that do not we his On as each the other Our son's not to further of our child been sperm that if this torn might Order of. that they soon as has place retrieving Center spoken have to medical to a urologist on a Court have they staff Order no harm was apart our live is not be week family merely the procedure the to be we Peter's will need and an Order to obtain how the so immediately this genetic material lineage. be later undergoing is much come whether consider from less this be retrieving for today the invasive. procedure additional genetic material from also Peter, be. left to become this could would will we will can we have Peter from to conduct Court. Court on hospital the retrieved procedure retrieval direct However, carrying that procedure and to of the the procedures the Court material gêñêtic of surgeries devastate that as of opportunity possibility other wish the window procedure forever dying ever Medical attorney confirmed the asking completed, as the hand, be gone has the of Westchester Our procedure the or disposed small submitted of will family the organs, conducted, just been surgical It is respectfully being 27. of be no possibility directing have further be used the the Order who for pending may to take must Relief immediately. only and has to preserve Compared will Temporary an conduct we are bank, miss issue hospital, procedure material for procedure to basis, genetic there procedure retrieval so. procedure the the again. to willing to do a sperm by removal 26. and retrieval in order 25. at the On a taugurary held 24. personnel them sperm 23. retrieval such, immediately, Request Court sperm ready directing 22. the begging As afternoon. does Our body. with no a father by by the the conducted, possible and to loss of our eliminating the on. 4 of 8 chance this of obtaining material recourse. bring precious possibility children son. of into this We now preserving world. beg the some Our Court piece FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2019 WHEREPORE, a. b. c. Dated: Maith Petitioners respectfully request that an Order be granted WestchesterrMedical Genter to tetrieve sperm from Petitioners' and to ZHU, son,PETER provide such spenn to a sperm bank or similar choosing; facility of Peddonem Directing Allowing Granting to use Peter Zhn's sperm for third party reproduc6on; and such other and further mlief as to the Court memsjust and ptoper. 1, 2019 ON OPPS ZHU Z5id FAO oseph It Wdliams, Esq. Afrorneys for the Petitioners 126 State Street, 6*!Eloor Albany, New York 12207 Telephone± (518) 436417/0 . . Pedtioners ONICA . INDEX NO. 53327/2019 Facsimile: I. 5 of 8 (518) 436-1456 . . INDEX NO. 53327/2019 FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2019 Petitioner, PedEener MONICA in the within action, ZHU, being duly swom, that deponentihas read the deposes and says, that deponent is the and knows the contents foregoing Petition same am ime to deponent's own to be Icpowledge, except for the matters therein stated upon'information and helief, und as to those matters, depopont believes them to be tme· thereoF, Dated: that-the lWitch 1, 2019 MONICA . . Buly swom to befom me this 15 day of March, 2019. - . Notary Joseph Publ Åew Yodt 338492 QueŠd CommissKS Petitioner, Peddener thereof, YONGMIN in the within action, ZHU, being that deponent that the same are true to deponent's to be upon information and belief, duly sworn, ry 8, deposes and says, has read the foregoing own knowledge, arid as to those matters, Petition except 10 that and knows deponentbelieves them 1,2019 Duly sworn to before me this 18 2019 day of*March, . . PUBLIC Joseph Williams State KNew York PubHo, Notary 02Wl6336492 No. County inAlbany Gualified 8 Commission E piresFebruary 6 of 8 is the the contents for the matters.thereinstated . Dated:March deponent to be true. FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 INDEX NO. 53327/2019 RECEIVED NYSCEF: 03/01/2019 Exhibit A 7 of 8 INDEX NO. 53327/2019 FILED: WESTCHESTER COUNTY CLERK 03/01/2019 09:38 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2019 r. is. gU35 consta ura canrornia organ·ui Tiseum.Donor geogiatry canor ne_eglatryverificatforo pocunient of mit (Pasartt ! to 50 112, Olianter 40F, 2003 51stutes and5'5 589 ClspLtir665, 2005 5tatutts) M RN m 19.Document prGeauthorizout by statiainw.31± tis itie deceasedinarned beloWh41:nh __ d a CBll arg:autlioritatjali o'om the deceased of anatetical festo be.madqLupahtheir dantfor Le years orñge é:onsentto donate orga ·syer, a LUssuesfor at oNler.This person documented instr tagnity bin A trans$lantadon, educatib and/or ranarch, uriate·e atwise.Indicatedin.the II taW5psseeht neprequ(ra the consan ard does Irraversible documrmtef girt, act revoke:ilbVihe'nonor patore centhe of oný ether nelsen. It also suthprizes griy câtert-staUcr.necessaryto enatgartho r·iedicalacceptabW.70 the anatomical gifL :VRurmwel:Deceneer 24, 20L4 Date or nag Date of strift: June 20, 19F/ Aregt DNV Name: a guP"TER LEPlN¢t Driw.r LicanSE A F5103D35 Address: Sara cEYSTYI.itAWii DR CONColto, f¼ B45 Eman: Countzy: Unitat 5mt65 Plese of Blitin Upcñ·nrf entit,1wish ka give: Art mded organ r, eyes and ?rssues. the evolvutles,.usc. antt fe Ltip. t!hereby giwi sundef Ltb:Wepsa ury :ntpmer).a sad separtspertat-*Inc to daHrimine tne nienice u of my dornistedwgims and/or tissons t= aathoraad craonnelin pederto $M pcit inated su :-nhility a'id efaty ef mese glfts.Thts fr†crmatlan I Nfts 05pltRIreerds cWiiiii1stlert reports. not-owniged hythe donor hawit¼ u.1der tha catt:cmin unitorm-Anstamiral cin Ac·, a a atomism.gilt at r.sona't:xt the sonortgad death is Irre ciableitnd eatin ncit reculra constrit at lepacinrers:# arg 555Urcrtha read asceSabllity nf His eatemtts iTamlaw oleinenthogues EDy8Xarr.lnBligr.1ec0Citaryt!: gl4 tissue procuremententitles· Enorder Lacorrply with my wlate, reeinsadndves rmni atorges:a I reggrils -tbtaRy.:!lgy-dgma tichhia tifp scfvlrig Cpllf0mfB Brë EGLhorl7ad13 lùri-inlá£2. nifi096randuct any: lin (atarki?ns li 4WanIñh tisade sum to test for hapathis, Iliv, syphil , girio thenticalaü bility of t5 anatomics. gift. out1he recovery of donated organs m:idthputip. It ·that cast, 02 crE ihs RDdtERSUiiEu A differetitlecaton may be neededto cany aurgica! fartllty fir tlerEtDVery . my body.may he transferred to an altarleNva pecumaiatt of Famity Notification T" T.Aucelve:i· Cotry ti0Document of Gft: Parson AcceMr g.cocusterub Declined . . liilitName or ·tCN8me IT:·. ·Parson-l1Np‡hl"logi0.qGi.Iggp . ... S gnators T -Date-_.,, __ __ ____. , Recordee TaicphatilcJExplanatient . _, .. ··· .. . - . - . Teletionship to Donan -. ----- - - ----. U.station 1 5dnMbwscan a j14t20L9o6:55 8 of 8