§ 4210-c. Limitations to dissection or autopsy. 1. Notwithstanding any\nother provision of law, in the absence of a compelling public necessity,\nno dissection or autopsy shall be performed over the objection of a\nsurviving relative or friend of the deceased that such procedure is\ncontrary to the religious belief of the decedent, or, if there is\notherwise reason to believe that a dissection or autopsy is contrary to\nthe decedent's religious beliefs.\n 2. For the purposes of this section:
(a)"compelling public necessity"\nshall mean:\n (i) that the dissection or autopsy is essential to the conduct of a\ncriminal investigation of a homicide, as defined in section 125.00 of\nthe penal law, of which the decedent is the victim, or\n (ii) that discovery of the cause of death is necessa
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§ 4210-c. Limitations to dissection or autopsy. 1. Notwithstanding any\nother provision of law, in the absence of a compelling public necessity,\nno dissection or autopsy shall be performed over the objection of a\nsurviving relative or friend of the deceased that such procedure is\ncontrary to the religious belief of the decedent, or, if there is\notherwise reason to believe that a dissection or autopsy is contrary to\nthe decedent's religious beliefs.\n 2. For the purposes of this section: (a) "compelling public necessity"\nshall mean:\n (i) that the dissection or autopsy is essential to the conduct of a\ncriminal investigation of a homicide, as defined in section 125.00 of\nthe penal law, of which the decedent is the victim, or\n (ii) that discovery of the cause of death is necessary to meet an\nimmediate and substantial threat to the public health and that a\ndissection or autopsy is essential to ascertain the cause of death, or\n (iii) that the need for a dissection or autopsy is established in\naccordance with subdivision five of this section.\n (b) "relative" shall mean the person most closely related to the\ndecedent by consanguinity or affinity. In the event such person is\nunavailable, the objection may be raised on his behalf by the next most\nclosely related person. The official who has authority to order a\ndissection or autopsy of the decedent's body may require a relative to\npresent an affidavit stating his relationship to the decedent, the\nreligious affiliation of the decedent, if any, that the decedent had\nreligious objections to an autopsy, the basis for such belief, and that\nhe will assume responsibility for the lawful disposition of the body of\nthe deceased.\n (c)"friend" shall mean any person who, prior to the decedent's death,\nmaintained such regular contact with the decedent as to be familiar with\nhis activities, health and religious beliefs and who presents an\naffidavit stating the facts and circumstances upon which the claim that\nhe is such friend is based, the religious affiliation of the decedent,\nif any, that the decedent had religious objections to an autopsy, the\nbasis for such belief, and that he will assume responsibility for the\nlawful disposition of the body of the deceased.\n 3. All dissections or autopsies performed pursuant to this section\nshall be the least intrusive procedure consistent with the compelling\nstate interest as defined herein.\n 4. Except as provided in subdivision three of section forty-two\nhundred ten of this article, no dissection or autopsy shall be performed\nover the objection of a surviving relative or friend that such autopsy\nis contrary to the religious beliefs of the deceased, or where there is\notherwise reason to believe that a dissection or autopsy is contrary to\nthe decedent's religious beliefs, until notice thereof is given to the\nnext of kin or friend as defined herein, or until forty-eight hours have\nelapsed, whichever is greater, to permit an objecting party to institute\nlegal proceedings to determine the propriety of such dissection or\nautopsy; provided, however, that a court upon ex parte motion may\ndispense with the waiting period if it determines that such delay may\nprejudice the accuracy of the autopsy or dissection or if the objecting\nparty is a suspect in the homicide.\n 5. Whenever any coroner or medical examiner shall deem it necessary to\nperform an autopsy over the objection of a surviving relative or friend\nthat such autopsy is contrary to the religious beliefs of the deceased,\nor where there is otherwise reason to believe that a dissection or\nautopsy is contrary to the decedent's religious beliefs, in\ncircumstances not provided for in subparagraphs (i) and (ii) of\nparagraph (a) of subdivision two of this section, he may institute a\nspecial proceeding, without fee, in the supreme court or county court\nfor an order authorizing such autopsy. Such proceeding shall be\ninstituted as soon as practicable, brought on by an order to show cause\non notice to the next of kin or friend, or if none is known to the\npetitioner, then to such party as the court may direct, returnable at\nthe earliest possible time. The proceeding shall have preference over\nall other cases in the court and shall be determined summarily upon the\npetition and such oral or written proof as may be offered by the\nparties. The court shall grant the relief sought in the petition if it\nfinds that the petitioner had established a demonstrable need for such\nautopsy or dissection under all circumstances of the case. If the\npetition is denied, and no stay is granted by the court or the appellate\ndivision, the body shall immediately be released for burial to the\nsurviving relative or friend.\n