Family Has 24 Hours to Move Farmingdale Crash Victim or Hospital Will Test for Brain Death

Family Has 24 Hours to Move Farmingdale Crash Victim or Hospital Will Test for B. April 28, 2026.

Updated Apr 29, 2026
CRITICAL INCIDENT
Town
Farmingdale
County
nassau County
Reported
Updated
Source
News Sources
📌Approximate area — Farmingdale centroid Open in Google Maps →

Map showing incident location at 40.7800, -73.3000 Incident location, Long Island

What Happened

The family of Anthony Romeo Gestone, a 23-year-old Farmingdale man left comatose following an April 9 car crash on Wantagh State Parkway, has until 5 p.m. Wednesday to arrange transport to another medical facility or Nassau University Medical Center will conduct tests to determine if he can be declared brain dead, according to a court order signed Tuesday by Nassau County Supreme Court Justice Donald X. Clavin Jr.

Gestone was driving south on Wantagh State Parkway on April 9 when he crossed over the center median into the northbound lanes and struck a tree, according to family and friends. First responders extricated Gestone from the vehicle and rushed him to NUMC in East Meadow, where surgeons removed part of his skull and diagnosed him with a traumatic brain injury. Dr. Ryan Senese, a trauma surgeon treating Gestone, wrote in an April 28 affidavit that the victim sustained intracranial bleeding, brain swelling and the midline of his brain shifted “massively.” Gestone also suffered spinal cord trauma and two collapsed lungs, and has remained in a coma since the crash.

The court order provides a 24-hour window for Gestone’s parents to transport their son to New Beginnings, a Wading River nonprofit that provides long-term rehabilitation services to survivors of traumatic brain injury and other cognitive and physical disorders. If the family cannot facilitate the move or decides against the transport, the hospital will conduct neurological tests at 5:01 p.m. to determine whether Gestone can be declared legally brain dead. The hospital would then give the family one hour to pay their final respects to Gestone before removing all life preserving services, according to the court order.

On April 10, NUMC’s treatment team determined that Gestone met the criteria for neurological brain death and sought to conduct a series of tests to verify that conclusion, records show. However, Angelique Gestone, Anthony’s mother, objected to the tests, arguing they would violate her religious beliefs as a devout Christian. She also contends the hospital was not giving her son sufficient time to recover and regain brain function. The family last week secured a temporary restraining order preventing the hospital from conducting the tests until Anthony was examined by a private neurologist. The results of that examination were inconclusive, family members told Newsday Tuesday.

“We have reached a compromise today that allows the Gestone family some time to seek alternative care for Tony and for them to pay their respects should that be needed,” said Sonal Jain, an attorney for the family, following a court hearing in Mineola on Tuesday. “Given the tragic circumstances, the family is comfortable with the compromise reached today.”

But some family members expressed trepidation about moving Gestone within the court-ordered timeframe. The transport must be arranged, paid for and implemented exclusively by the family, according to the order. “We’re trying but there is a lot we have to do in such a short period of time,” said Joseph Hauser, Gestone’s uncle, who was joined by dozens of friends and family members at the hearing. “My sister [Anthony’s mother Angelique Gestone] doesn’t feel confident we can get it done given the time frame we have. But we’re going to try.”

Location & Road Context

The crash occurred on Wantagh State Parkway, a major north-south thoroughfare on Long Island that connects the Southern State Parkway to Jones Beach State Park. The parkway serves as a crucial route for both commuters and beachgoers, particularly during warmer months. Gestone was traveling southbound when he crossed the center median into oncoming northbound traffic before striking a tree, illustrating the severity of median crossover accidents on Long Island’s parkway system.

The case has evolved from a traffic accident investigation into a complex legal battle over medical decision-making and religious beliefs. Dr. Ryan Senese argued in court papers that Anthony has shown no brainstem activity since April 10. “It is the unified opinion of the treatment team that Anthony Gestone’s brain is not viable,” Senese wrote in his affidavit. “Since April 10, 2026… significant amounts of skin covering the cranium have become necrotic and he has shown no evidence of movement suggestive of brain activity.” Senese argued that an apnea or brain perfusion test, which is needed to determine if someone can be declared legally brain dead, “is necessary and unavoidable.”

However, medical professionals at New Beginnings strongly disagreed with NUMC’s assessment. Dr. Alexander Scheer, the facility’s medical director who attended Tuesday’s hearing, stated: “From a brain death protocol, he does not meet the qualifications. Anthony is not dead. He needs time for his brain to heal. It’s a 3-week-old injury. I’ve seen miracle after miracle. You have to give them a chance to recover.”

Broader Impact

The case highlights the ongoing tension between medical determinations of brain death and families’ religious or personal beliefs about end-of-life care. Allyson Scerri, founder of New Beginnings whose father suffered a traumatic brain injury in a 2007 motorcycle accident in Florida, emphasized the importance of hope in recovery cases. “We have 19 years of stories,” she said of her facility. “No one can ever take away your hope.” A NUMC spokesman said the hospital has “taken all medically appropriate steps to support and accommodate the family’s wishes during this difficult time” and will “fully comply with the court-ordered stipulation.”

Topics

FarmingdaleNassau CountyNassau County accidentFarmingdale trafficFarmingdale accidentserious accidentLong Island accident todayLong Island traffic todayLong IslandNY

Frequently Asked Questions

What should I do if I'm in a car accident in Farmingdale?

Call 911 immediately if anyone is injured or if the vehicles can't be moved safely off the roadway. Stay at the scene — leaving the scene of an accident with injuries is a crime under New York Vehicle and Traffic Law §600. Exchange license, registration, and insurance information with every other driver involved. Take photographs of every vehicle, the position of the vehicles before they're moved, all license plates, the road surface, traffic signs, and any visible injuries. Get the names and phone numbers of every witness — police often won't capture bystander witnesses on their own. Seek medical attention within 24 hours even if you feel fine; soft-tissue injuries and concussions can take a day or two to present, and a delayed medical visit weakens an injury claim. NCPD generally responds to accidents on Nassau County roads outside of incorporated villages with their own police forces (e.g., Garden City, Freeport). For state highways (I-495 LIE, Northern State Parkway, Southern State Parkway, Meadowbrook Parkway, Wantagh Parkway), New York State Police Troop L responds.

How long do I have to file a no-fault claim in New York?

Thirty days. New York Insurance Law §5102 requires you to file a Personal Injury Protection (PIP/no-fault) application with the insurer of the vehicle you were in (or, if you were a pedestrian or cyclist, with the insurer of the striking vehicle) within 30 days of the accident. Missing the 30-day deadline can void your no-fault benefits — that's up to $50,000 in medical bills and 80% of lost wages (capped at $2,000/month) per injured person. The form is the NF-2 application; your insurance carrier provides it on request. New York no-fault is a true PIP system: it pays regardless of who caused the crash.

What counts as a "serious injury" under New York law?

Under Insurance Law §5102(d), a "serious injury" is one that meets at least one of these categories: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function, or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) a medically determined injury that prevents the injured person from performing substantially all daily activities for at least 90 of the first 180 days following the accident. Only injuries that meet one of these nine categories create the right to sue the at-fault driver for pain and suffering damages — short of that threshold, recovery is limited to no-fault PIP benefits. Disputes over whether an injury meets the threshold are the single most-litigated issue in NY motor-vehicle cases.

How long do I have to sue after a Long Island car accident?

Three years from the date of the accident for personal injury claims under CPLR §214(5). Wrongful death claims have a two-year deadline under EPTL §5-4.1. If a government entity is involved (a county vehicle, a road defect on a state highway, a defective traffic signal, a county bus), you must file a Notice of Claim within 90 days under General Municipal Law §50-e — that's a non-negotiable jurisdictional deadline, and missing it usually bars the claim entirely. Property-damage-only claims have the same three-year clock. The clock starts on the day of the accident, not the day you discover the full extent of an injury.

Can I still recover compensation if I was partly at fault?

Yes. New York is a pure comparative negligence state under CPLR §1411. Even if you were 90% at fault, you can still recover 10% of your damages. (A pending 2026 budget proposal would change this to a 51% bar — meaning a plaintiff who is more than 50% at fault would recover nothing — but that hasn't passed.) Insurance carriers routinely try to inflate the injured driver's percentage of fault to reduce payouts. The percentage assignment is decided by the jury at trial (or negotiated during settlement); it isn't fixed by the police accident report and isn't binding even when the report assigns fault. Reporting practice and the actual legal apportionment are separate questions.

Who can file a wrongful death claim in New York?

Under EPTL §5-4.1, only the personal representative (executor or administrator) of the deceased's estate can bring a wrongful death action — not the deceased's family directly. The estate is opened in Surrogate's Court of the county where the deceased lived. Damages flow to the spouse, children, parents, and other distributees defined under EPTL §4-1.1. Recoverable damages include loss of financial support, loss of parental guidance for surviving children, and conscious pre-death pain and suffering (recovered through a separate "survival action" under EPTL §11-3.2). New York is unusual in NOT allowing surviving family members to recover for their own emotional grief — only economic losses to the estate. The wrongful-death two-year statute of limitations is shorter than the three-year personal-injury statute, so the deadline is critical.

How do I get a copy of the police accident report?

If Nassau County Police Department (NCPD) responded to the scene, the report is filed under an MV-104A form. In New York State, you can request a copy through the DMV at https://dmv.ny.gov/vehicle-safety/get-copy-accident-report (roughly $7 online, $10 by mail) once the responding agency has uploaded it to the state system, which usually takes 5-10 business days. NCPD and SCPD also have their own direct-request processes through the precinct that responded. If you weren't injured but the property damage exceeded $1,000, New York VTL §605 requires you (the driver) to file your own MV-104 report with the DMV within 10 days regardless of whether police responded.

How dangerous is This Road near Farmingdale?

Long Island Traffic tracks every reported incident on this road across both counties — see the road profile page for the multi-year accident count, severity distribution, and the specific intersections that show repeated incident clusters. Suffolk and Nassau county roads with chronic problems are reviewed by their respective DOTs on a multi-year cadence; persistent issues are sometimes addressed with new signal phasing, lane-narrowing treatments, or — in extreme cases — a Vision Zero engineering response. Daily incident updates flow into our live-events feed every fifteen minutes.

Disclaimer: Incident information on this page is compiled from public sources including police reports, traffic agencies, and news outlets. It is provided for informational purposes only and may not reflect the most current status of this incident. Do not rely on this information for legal, insurance, or emergency decisions. For emergencies, call 911.