Legal Opinion

Atkins v. Medical Examiner

New York Supreme Court

Decided March 13, 1979PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Anthony J. Ferraro, J.

Petitioner makes application for an order permanently enjoining respondent from performing an autopsy upon the remains of Dolly Atkins, his mother, and for a further order directing that the remains be returned to petitioner for burial.

At a hearing duly held this day, certain facts were stipulated and agreed to by the parties as follows: (1) that the aforesaid Dolly Atkins was struck by a motor vehicle on March 5, 1979 while crossing a public street, (2) that she was thereafter admitted to White Plains Hospital for treatment of the injuries sustained,…

2Cases cited4 opinions

  1. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
  2. Wilensky v. GrecoNew York Supreme Court · 1973
  3. Brown v. Broome CountyNew York Court of Appeals · 1960
  4. Weberman v. ZugibeNew York Supreme Court · 1977

3Cited by3 opinions

  1. Kickapoo Traditional Tribe of Texas v. ChaconDistrict Court, W.D. Texas · 1999
  2. You Vang Yang v. SturnerDistrict Court, D. Rhode Island · 1990
  3. Schwartz v. StateNew York Court of Claims · 1994

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