Summary
holding that "a medical examiner's determination that a decedent committed suicide is a quasi-judicial determination"
Summary of this case from Davis-Guider v. City of TroyOpinion
October 5, 1981
In a proceeding pursuant to CPLR article 78, inter alia, to review respondent's determination that petitioner's son committed suicide, petitioner appeals from a judgment of the Supreme Court, Westchester County (Gurahian, J.), entered March 27, 1981, which dismissed the petition. Judgment affirmed, without costs or disbursements. A medical examiner's determination that a decedent committed suicide is a quasi-judicial determination (see Gould v State of New York, 181 Misc. 884; cf. County Law, § 674, subd 4) and, hence, is reviewable in a proceeding pursuant to CPLR article 78. In this case, the presumption that a decedent did not commit suicide (see Garrow v. State of New York, 268 App. Div. 534, affd 294 N.Y. 741) was overcome by the evidence in the record. Therefore, the determination of the medical examiner must be confirmed (see Matter of Mitchell v. Helpern, 17 A.D.2d 922, affd 14 N.Y.2d 817). Mollen, P.J., Hopkins, Titone and Weinstein, JJ., concur.