Can a county medical examiner release autopsy reports of TWA Flight 800 victims to the personal representatives of the victims' estates, even though the crash is under active federal investigation?

Subject

Whether the Suffolk County medical examiner may release autopsy reports of TWA Flight 800 victims to the representatives of the victims' estates, given the parallel federal investigation of the crash.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_96-42_pw.pdf

Plain-English summary

TWA Flight 800 broke apart off the south shore of Long Island in July 1996, killing all 230 people on board. The Suffolk County medical examiner had jurisdiction over the autopsies. As estates were opened and families began to ask for the autopsy reports, the county attorney's office wanted confirmation of what State law required.

The AG's analysis was short. County Law § 677(3)(b) provides that "[u]pon application of the personal representative, spouse or next of kin of the deceased to the coroner or the medical examiner, a copy of the autopsy report, as described in subdivision two of this section shall be furnished to such applicant." That language is mandatory. The AG agreed with the county attorney's reading and confirmed that under State law the reports must be released to those applicants.

The AG then added a careful federal qualifier. The Attorney General issues opinions only on State law, not federal. Because TWA 800 was under active investigation by federal authorities (the FBI, the NTSB, and the FAA), the AG urged the county to consult with the federal agencies before releasing reports, in case federal requirements imposed additional limits on disclosure. The opinion did not purport to override federal restrictions if any existed.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Who qualifies for an autopsy report under County Law § 677(3)(b)?
The statute identifies three categories: the personal representative of the estate, the spouse of the deceased, and the next of kin. "Personal representative" is defined in EPTL § 1-2.13, which generally means the executor or administrator of an estate. The designation of a personal representative is governed by Surrogate's Court Procedure Act Article 14.

Is the right to the report discretionary or mandatory?
The statute uses "shall be furnished." That is mandatory. A medical examiner who refuses to provide the report to a qualifying applicant under § 677(3)(b) would be acting outside the statute. The State law gives the qualifying applicant a right; the medical examiner has no discretion to deny it solely on State grounds.

What if there is an active criminal investigation?
The AG did not say that an active investigation creates a State-law exception to § 677(3)(b); the State statute does not include one for ongoing investigations. But the AG flagged the practical problem: if federal authorities are running a criminal or safety investigation, federal law and federal grand jury secrecy rules may control. Counsel for the medical examiner should coordinate with the federal investigators to confirm what (if anything) federal law restricts.

Why didn't the AG go further on the federal question?
The Attorney General's office, by statute, issues opinions construing New York State law. Federal questions are outside that mandate. So the AG could confirm what State law required and flagged the need for federal coordination, but could not opine on federal disclosure rules.

What is "next of kin"?
The term is not defined in County Law § 677, but New York courts and AG opinions have generally read "next of kin" by reference to intestate succession order: spouse first, then children, then parents, then siblings, and so on through the EPTL hierarchy. In a mass-fatality event like TWA 800, where many estates had multiple potential applicants, the medical examiner had to track those relationships carefully.

Background and statutory framework

County Law Article 17-A governs medical examiner offices in counties that have established them. Section 677 is the section dealing with autopsies: subdivision (1) requires an autopsy where there is reason to believe that the death may have been caused by criminal violence, casualty, suicide, or other causes set forth in the statute; subdivision (2) prescribes the content of the autopsy report; and subdivision (3) sets out who may obtain the report. Section 677(3)(b) is the access provision for the deceased's representatives, spouse, and next of kin.

The TWA 800 crash on July 17, 1996 killed all 230 people aboard. The Suffolk County medical examiner's office, in Hauppauge, coordinated the autopsies and worked alongside the federal investigative agencies for years. The NTSB ultimately determined the probable cause was an explosion of fuel vapors in the center wing fuel tank, ignited by a short circuit; the FBI closed its parallel criminal investigation in 1997 without finding evidence of a criminal act.

The federal-law qualifier in this opinion was important in practice. Records and physical evidence in a federal criminal or safety investigation may be subject to federal grand jury secrecy, FAA/NTSB confidentiality rules, or specific protective orders. The AG's caution was that a medical examiner's State-law duty under § 677(3)(b) does not by itself answer the federal question.

Citations

• County Law § 677(3)(b) (autopsy reports to personal representative, spouse, or next of kin)
• Estates, Powers and Trusts Law § 1-2.13 (definition of "personal representative")
• Surrogate's Court Procedure Act, Article 14 (appointment of personal representatives)

Original opinion text

ESTATES, POWERS AND TRUSTS LAW § 1-2.13; COUNTY LAW § 677(3)(b).
Section 677(3)(b) of the County Law governs the availability of autopsy reports subject to any Federal
requirements that apply because of the ongoing Federal investigation.

December 31, 1996

William J. Burke, Esq.
Chief Deputy County Attorney
County of Suffolk
158 North County Complex
725 Veterans Memorial Highway
Hauppauge, NY 11787-4311

Informal Opinion
No. 96-42

Dear Mr. Burke:
You have asked whether copies of the autopsy reports of the victims of TWA Flight 800 may be released
to the representatives of the victims' estates. In your inquiry, you state that your research indicates that
subsection 3(b) of section 677 of the County Law is controlling. You have informed us that you have
advised the medical examiner that under subsection 3(b) the reports must be made available to
representatives of the victims' estates.
We concur with your conclusion that section 677(3)(b) of the County Law mandates that copies of the
autopsy reports be made available to the representatives of the victims' estates. That subdivision
provides:

Upon application of the personal representative, spouse or next of kin of the deceased to the
coroner or the medical examiner, a copy of the autopsy report, as described in subdivision
two of this section shall be furnished to such applicant.

See, section 1-2.13 of the Estates, Powers and Trusts Law for the definition of a "personal representative"
of an estate and Article 14 of the Surrogate's Court Procedure Act regarding the designation of the
"personal representative".

We note, however, that the TWA Flight 800 crash is under investigation by Federal authorities. As chief
legal officer of the State, the Attorney General issues opinions to State agencies and local governments
construing the provisions of State law only. We render no opinions as to Federal law or regulations.
Particularly in order to protect the integrity of the ongoing Federal investigation, we urge you to contact
appropriate Federal authorities for a determination whether any Federal requirements affect the
availability of the autopsy reports.
Very truly yours,

JAMES D. COLE
Assistant Attorney General
in Charge of Opinions