Legal Opinion

Andre Shipley v. City of New York

New York Court of Appeals

Decided June 11, 2015No. 96PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

At issue on this appeal is whether a medical examiner has a mandated obligation — pursuant to the Public Health Law and a next of kin’s common-law right to immediate possession of a decedent’s body for preservation and burial (commonly known as the “right of sepulcher”) — to notify a decedent’s next of kin that, although a decedent’s body is available for burial, one or more organs and/or tissues have been retained for further examination and testing as part of an authorized autopsy. We hold that no such obligation exists.

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The tragic and unfortunate events from…

2Cases cited14 opinions

  1. Tango v. TulevechNew York Court of Appeals · 1983
  2. Valdez v. City of New YorkNew York Court of Appeals · 2011
  3. Lauer v. City of New YorkNew York Court of Appeals · 2000
  4. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
  5. Waeschle v. DragovicCourt of Appeals for the Sixth Circuit · 2009

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3Cited by21 opinions

  1. Davila v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  2. Rugova v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  3. Cansev v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  4. Fox v. MarkAppellate Division of the Supreme Court of the State of New York · 2020
  5. Gutnick v. Hebrew Free Burial Socy. for the Poor of the City of BrooklynAppellate Division of the Supreme Court of the State of New York · 2021

16 more not listed; retrieve them via the Exa API.

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