23-year-old Anthony Gestone has been at NUMC for nearly three weeks.
His family petitioned a court to stop neurological tests, citing religious beliefs.
The judge agreed with one condition.
"We don't want them to do the test, because it doesn't pick up all brain activity and we feel he is still alive," the uncle of the victim, Joseph Hauser, said. "He's been grabbing his father's hand, listening to his voice, saying Tony grab my hand and he has like 7 times."
"We're all exhausted and were all just trying to make the best decision for him," the victim's father Tony Gestone said.
According to a court order, the family was given 24 hours to transport Gestone out of NUMC or the neurological test would be performed by Wednesday evening.
Their attorney said, "Given the tragic circumstances, the family is comfortable with the compromise reached yesterday."
"It can be dangerous to transport, especially under such a time crunch," Tony Gestone said.
The 23-year-old has been in a coma and was given emergency brain surgery after he crashed his car on the Wantagh Parkway on April 9 around 11 am, the family said.
"He crossed over the median, went through the fence and went airborne over the northbound lanes and hit a tree," Hauser said.
Anthony's father says he was a wonderful son and they do not know what caused him to lose control.
He said they do not want to give him the neurological test to allot for more time with Anthony to recover before he is taken off life support.
NUMC released a statement saying in part, "Our clinicians and staff have provided care with professionalism, empathy, and respect, accommodating the family's wishes where medically appropriate and consistent with established standards of care. The brain scan is a critical test used to assess brain function and is a standard step in evaluating traumatic brain injury patients."
"At 5 o'clock they are going to give him the test, and if there's no blood flow in his brain we are going to have to say goodbye," his father said.
If Gestone is declared legally brain dead, the family will be given one hour to pay their respects according to the court order.