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MATTER OF DIAZ v. LUKASH

82 N.Y.2d 211 (1993)

624 N.E.2d 156

604 N.Y.S.2d 28

In the Matter of Robert R. Diaz, Appellant, v. Leslie Lukash, as Chief Medical Examiner of Nassau County, Respondent.

Court of Appeals of the State of New York.

Decided November 16, 1993.

Attorney(s) appearing for the Case

Remcho, Johansen & Purcell (Robin B. Johansen of counsel, of the California Bar, admitted pro hac vice) and Gibson, Dunn & Crutcher, New York City (Robert D. Sack, Robin L. Baker and Meredith C. Braxton of counsel), for appellant.

Robert W. Schmidt, County Attorney of Nassau County, Mineola (Lawrence J. Brennan and Ernest G. D'Angelo of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

Chief Judge KAYE.

On this appeal, we must decide whether petitioner, an inmate on California's death row, has a "substantial interest" in certain records of the Nassau County Medical Examiner, so that he may inspect them. We conclude that the Appellate Division applied an erroneous legal standard and that in the circumstances presented, petitioner does have a substantial interest, as a matter of law, in at least...

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