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IN THE MATTER OF INFANTE v. DIGNAN

No. 56.

2009 NY Slip Op 03587

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 and PAUL D. GOSNICK, M.D., in his official capacity as Deputy Medical Examiner, Appellants.

Court of Appeals of the State of New York.

Decided May 5, 2009.

Attorney(s) appearing for the Case

Howard A. Stark, for appellants.

Paul F. Stavis and Kenneth J. Doyle, for respondent.

Office of the Chief Medical Examiner of the City of New York; Most Rev. Howard J. Hubbard, D.D., amici curiae.

Before: Opinion by Judge Read. Chief Judge Lippman and Judges Ciparick, Smith, Pigott and Jones concur. Judge Graffeo took no part.

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 suicide.

On December 8, 2006, petitioner George Infante, decedent's...

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