Infante v. Dignan

Scudder, P.J., and Hurlbutt, J.

(dissenting). We respectfully dissent because, in our view, Supreme Court properly dismissed the petition in reliance on the decision of the First Department in Matter of Mitchell v Helpern, which was affirmed by the Court of Appeals with no writing (17 AD2d 922 [1962], affd 14 NY2d 817 [1964]). The petition in Mitchell sought the same relief sought by petitioner herein, i.e., the expungement of the Medical Examiner’s finding that the manner of death was suicide and the entry “in the records that it was accidental” (id.). The standard of review applied by the…