In the Matter of GEORGE INFANTE, as Administrator of the Estate of ROSEMARY A. INFANTE, Deceased, Respondent,
v.
CAROLINE R. DIGNAN, M.D., as Medical Examiner of Monroe County, et al., Appellants.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued March 25, 2009.
Decided May 5, 2009.
Attorney(s) appearing for the Case
Daniel M. De Laus, Jr., County Attorney, Rochester (Howard A. Stark and Michael E. Davis of counsel), for appellants.
Paul F. Stavis, Castleton-on-Hudson, and Kenneth J. Doyle for respondent.
Michael A. Cardozo, Corporation Counsel, New York City (Leonard J. Koerner, Barry P. Schwartz and Scott Shorr of counsel), for Office of the Chief Medical Examiner of the City of New York, amicus curiae.
Tobin and Dempf LLP, Albany (Michael L. Costello of counsel), for Most Reverend Howard J. Hubbard, D.D., amicus curiae.
Chief Judge LIPPMAN and Judges CIPARICK, SMITH, PIGOTT and JONES concur; Judge GRAFFEO taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
READ, J.
Because of the circumstances of decedent Rosemary A. Infante's death on April 16, 2006, the Monroe County Office of the Medical Examiner investigated its cause. In an autopsy report dated August 8, 2006, the medical examiner assigned to the case, an experienced forensic pathologist, concluded that decedent had died of multiple drug intoxication and that the manner of her death was...
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