Legal Opinion
Schwartz v. State
New York Court of Claims
Decided August 26, 1994No. Claim No. 76138PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Louis C. Benza, J.
This action is based on allegations that the autopsy performed on the body of Arthur Schwartz, claimant’s son and a State prison inmate at the time of his death, was performed in violation of Public Health Law § 4210-c, a statute protecting those who have religious objections to autopsy or dissection. Defendant contends that the autopsy was required by County *315Law § 674 (5) and that, in any event, the State cannot be held responsible for the procedure because it was performed by county officials.
FACTUAL BACKGROUND
In 1983, Arthur Schwartz, an inmate in the…
2Cases cited14 opinions
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
- Bambrick v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1993
- Torres v. StateNew York Court of Claims · 1962
- St. Paul Fire & Marine Insurance v. StateNew York Court of Claims · 1979
- Cercelli v. WeinCivil Court of the City of New York · 1969
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3Cited by3 opinions
- Muckova v. StateNew York Court of Claims · 2011
- Clauberg v. StateNew York Court of Claims · 2008
- Rakow v. StateNew York Court of Claims · 2007