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HARRIS-CUNNINGHAM v. MEDICAL EXAMINER OF NEW YORK COUNTY

261 A.D.2d 285 (1999)

690 N.Y.S.2d 253

DARLENA HARRIS-CUNNINGHAM, Appellant, v. MEDICAL EXAMINER OF NEW YORK COUNTY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 20, 1999.

The proceeding was properly dismissed on the ground that the Medical Examiner, who is authorized to perform an autopsy where, as here, a person "in apparent health" dies suddenly (NY City Charter § 557 [f]), had no reason to believe that an autopsy would be contrary to petitioner's husband's religious beliefs (Public Health Law § 4210-c [1]). We reject petitioner's argument that under Public Health Law § 4210-c (1), the Medical Examiner was under an affirmative...

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