Leib v. Paparo

Appellate Division of the Supreme Court of New York

Leib v. Paparo

84 A.D.2d 538, 443 N.Y.S.2d 98, 1981 N.Y. App. Div. LEXIS 15588

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1981

StatusPublished

Cited by2 cases

This text of 84 A.D.2d 538 (Leib v. Paparo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leib v. Paparo, 84 A.D.2d 538, 443 N.Y.S.2d 98, 1981 N.Y. App. Div. LEXIS 15588 (N.Y. Ct. App. 1981).

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Opinion

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 NY 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 AD2d 922, affd 14 NY2d 817). Mollen, P. J., Hopkins, Titone and Weinstein, JJ., concur.

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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 NY 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 AD2d 922, affd 14 NY2d 817). Mollen, P. J., Hopkins, Titone and Weinstein, JJ., concur.

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Bluebook (online)

84 A.D.2d 538, 443 N.Y.S.2d 98, 1981 N.Y. App. Div. LEXIS 15588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leib-v-paparo-nyappdiv-1981.

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