Taff v. County of Nassau

Citations: 220 A.D.2d 406; 631 N.Y.S.2d 921

Court: Appellate Division of the Supreme Court of the State of New York; October 30, 1995; New York; State Appellate Court

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In this legal action, the plaintiff, a former pathologist at the Nassau County Medical Examiner’s Office, appeals an order from the Supreme Court, Nassau County, which granted the defendants' motion for summary judgment. The plaintiff alleged violations of constitutional rights, intentional interference with business relationships, and prima facie tort, claiming that the County of Nassau and Chief Medical Examiner Leslie Lukash hindered his ability to publish scholarly articles, thereby damaging his reputation and earning capacity.

Central to the case were letters from the County Attorney to the plaintiff and his publisher, stating that the articles in question improperly used confidential Medical Examiner records. The plaintiff contended that his use of autopsy records did not violate County Law § 677 (3)(b) or similar Nassau County Charter provisions; however, the court found this argument unpersuasive. The law explicitly allows only the District Attorney and close relatives of the deceased to access such records without court permission.

The court determined that the plaintiff's claims lacked sufficient evidence to establish a genuine issue of material fact, as the defendants provided evidence that the Medical Examiner's Office policy prohibited pathologists from keeping copies of autopsy records. The plaintiff had been informed of this policy but failed to adhere to it. Ultimately, the court affirmed the lower court's order with costs, rejecting the plaintiff's remaining claims as meritless. The decision was concurred by Justices O'Brien, Copertino, Santucci, and Joy.