Banks v. United Hospital
Opinion of the Court
—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered January 14, 1999, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Finally, once the Medical Examiner determined to accept jurisdiction, it had authority to conduct an autopsy, without first obtaining the consent of a family member, where no objection had been raised (Public Health Law § 4210-c [1]; compare, Harris-Cunningham v Medical Examiner of N. Y County, 261 AD2d 285, with Liberman v Riverside Mem. Chapel, 225 AD2d 283, and Bambrick v Booth Mem. Med. Ctr., 190 AD2d 646), and the Medical Examiner’s office had no reason to believe that the procedure was contrary to the decedent’s religious beliefs. Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Lerner, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.