Harris-Cunningham v. Medical Examiner

—Order, Supreme Court, New York County (Jane Solomon, J.), entered September 15, 1998, which, in a proceeding to recover damages for emotional distress caused by respondent Medical Examiner’s autopsy of petitioner’s husband without petitioner’s consent and contrary to the religious beliefs she shared with her husband, granted the Medical Examiner’s motion for summary judgment dismissing petitioner’s pleading for failure to state a cause of action, unanimously affirmed, without costs.

The proceeding was properly dismissed on the ground that the Medical Examiner, who is authorized to perform an…