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SCHWARTZ v. STATE OF NEW YORK

162 Misc.2d 313 (1994)

616 N.Y.S.2d 921

Ruth Schwartz, Claimant, v. State of New York, Defendant. (Claim No. 76138.)

Court of Claims.

August 26, 1994

Attorney(s) appearing for the Case

Isaacson, Schiowitz, Korson & Solny, New York City (Sanford Solny of counsel), for claimant. G. Oliver Koppell, Attorney-General, Albany (Bernard B. Schachne of counsel), for defendant.

LOUIS C. BENZA, J.

This action is based on allegations that the autopsy performed on the body of Arthur Schwartz, claimant's son and a State prison inmate at the time of his death, was performed in violation of Public Health Law § 4210-c, a statute protecting those who have religious objections to autopsy or dissection. Defendant contends that the autopsy was required by County

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