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DOE v. HIRSCH

No. 90 Civ 1178 (CSH).

731 F.Supp. 627 (1990)

John DOE and Joe Smith, [the names of the plaintiffs are fictitious and anonymous pursuant to New York Public Health Law, Article 27-F], Plaintiffs, v. Charles HIRSCH, M.D., Chief Medical Examiner of the City of New York; and the City of New York, Defendants.

United States District Court, S.D. New York.

March 3, 1990.

Attorney(s) appearing for the Case

Dienst & Serrins, New York City, for plaintiffs; Richard A. Dienst, of counsel.

Victor A. Kovner, Corp. Counsel, Pearl Zuchlewski, Asst. Corp. Counsel, New York City, Robert Abrams, Atty. Gen., State of N.Y., Lisa B. Raphael and Evelyn Tennenbaum, Asst. Attys. Gen., New York City, for defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is an action brought by two New York City police officers pursuant to 42 U.S.C. § 1983. Plaintiffs seek injunctive relief from the City Medical Examiner and the City of New York directing them to disclose to plaintiffs the results of "HIV" tests performed on a deceased individual. Plaintiffs also seek a judgement declaring sections of New York State Public Health Law, Article 27-F, the "HIV Confidentiality...

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