SHIPLEY v. CITY OF NEW YORK

No. 96

25 N.Y.3d 645 (2015)

37 N.E.3d 58

16 N.Y.S.3d 1

2015 NY Slip Op 04791

ANDRE SHIPLEY et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of New York.

Decided June 10, 2015.

Reargued May 7, 2015.


Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Ronald E. Sternberg , Lawrence S. Kahn and Richard Dearing of counsel), for appellants.

Ameduri Galante D'Agostino & Firscia, LLP, Staten Island ( Marvin Ben-Aron of counsel), for respondents.

John C. Hunsaker III , National Association of Medical Examiners, Frankfort, Kentucky, amicus curiae.

Judges READ, ABDUS-SALAAM, STEIN and FAHEY concur; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN concurs.


OPINION OF THE COURT

At issue on this appeal is whether a medical examiner has a mandated obligation—pursuant to the Public Health Law and a next of kin's common-law right to immediate possession of a decedent's body for preservation and burial (commonly known as the ...

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