Article 78 petitions should be less aggressive
After the medical examiner had deemed the death of his mother a suicide, George Infante file an Article 78. In this Article 78 petition he sought judgment that the medical examiner’s determination was unsupportable or arbitrary and that his mother’s death was unintentional or undetermined. The Supreme Court dismissed the petition because they did not consider the determination arbitrary. The decision was reversed in appellate court, but then again reversed by the Court of Appeals, who sided with the respondent. It is thought that if the Petitioner had simply requested further investigation of the proof against suicide instead of looking for another determination the Court would have been more inclined to support his side. For Article 78 petitioners, it is best to take the least aggressive position.
To read about Article 78 cases go to http://www.sheerinlaw.com/?id=78.
For other interesting information in the personal injury file go to www.negligenceatty.com.
