KELLOGG v. MED. EXAMINER OFF.


189 Misc.2d 756 (2001)

735 N.Y.S.2d 350

JOHN KELLOGG, Individually and as Administrator of the Estate of JUNIUS KELLOGG, Deceased, Plaintiff, v. OFFICE OF THE CHIEF MEDICAL EXAMINER OF THE CITY OF NEW YORK et al., Defendants.

Supreme Court, Bronx County.

September 24, 2001.


Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Ryan Donihue of counsel), for defendants.

Mark B. Stumer & Associates, New York City (Kipp Elliott Watson of counsel), for plaintiff.


OPINION OF THE COURT

PAUL A. VICTOR, J.

The Issues Presented

The following novel legal issues are presented by defendant's motion for summary judgment:

1. Does the law provide a Medical Examiner in the City of New York with an unfettered discretion to (a) investigate the circumstances of a death; and/or (b) to conduct an autopsy?

2. Does a request by a terminally ill decedent to decline medical treatment or to discontinue artificial...

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