| Dick v City of New York |
| 2004 NY Slip Op 07229 [11 AD3d 239] |
| October 7, 2004 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Division, First Department |
| Gail Dick et al., Appellants, v City of New York et al., Respondents. |
—[*1]
Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered August 28, 2003, which, to the extent appealed from, denied plaintiffs' motion for leave to file an amended complaint, unanimously affirmed, without costs.
In asserting that an earlier decision in November 2002 erroneously dismissed their claims relating to the mishandling of decedent's body, in light of New York's long-recognized cause of action for emotional distress due to interference with possession of a dead body, plaintiffs are disputing a decision and order which they never appealed. Accordingly, this Court lacks authority to review that 2002 order ( The only viable argument remaining pertains to the order appealed from, i.e., the determination that plaintiffs' notice of claim was insufficient to apprise the City of a claim of unauthorized autopsy (see General Municipal Law § 50-e [2]). The record reflects that that determination was appropriate. Concur—Nardelli, J.P., Mazzarelli, Sullivan, Williams and Catterson, JJ.