The New York City Medical Examiner’s Office’s failure to inform a Staten Island couple that the office had removed and retained their late son’s brain violated the couple’s right of sepulcher, Brooklyn’s New York Appellate Division, 2nd Department has ruled.
“[W]hile the medical examiner has the statutory authority…to remove and retain bodily organs for further examination and testing in connection therewith, he or she also has the mandated obligation…to turn over the decedent’s remains to the next of kin for preservation and proper burial once the legitimate purposes for the retention of those remains have been fulfilled,” Justice William F. Mastro wrote for a unanimous panel in Shipley v. City of New York, 2009-03226.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
