Hanig v. State of New York Department of Motor Vehicles

588 N.E.2d 750, 79 N.Y.2d 106, 20 Media L. Rep. (BNA) 1026, 580 N.Y.S.2d 715, 1992 N.Y. LEXIS 209
CourtNew York Court of Appeals
DecidedFebruary 18, 1992
StatusPublished
Cited by54 cases

This text of 588 N.E.2d 750 (Hanig v. State of New York Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanig v. State of New York Department of Motor Vehicles, 588 N.E.2d 750, 79 N.Y.2d 106, 20 Media L. Rep. (BNA) 1026, 580 N.Y.S.2d 715, 1992 N.Y. LEXIS 209 (N.Y. 1992).

Opinion

OPINION OF THE COURT

Kaye, J.

This appeal calls upon us to determine whether responses to a question regarding current treatment for disabilities, on an application for a New York driver’s license, are subject to disclosure under the Freedom of Information Law (Public Officers Law art 6 [FOIL]). We agree with Supreme Court and the Appellate Division that such information is exempt from disclosure as "medical * * * histories” (see, Public Officers Law § 89 [2] [b] [i]).

In June 1989, Pamela Jo Nielson was struck by an automobile while crossing a street in the Village of Fishkill. She retained petitioner’s law firm to represent her in an action against the driver, Frank Jordan, to recover damages for her injuries.

In September 1989, respondent Department of Motor Vehicles (the Department) received petitioner’s request — made through a private investigator — for a copy of Jordan’s license application. While the document was made available to petitioner, Jordan’s responses to the following question were covered over: "Do you have, or are you currently receiving treatment for, any disabilities? * * * If 'Yes’ check all that apply.” The ensuing list specified convulsive disorder, epilepsy, fainting or dizzy spells, heart ailment, mental disability, hearing impairment, lost use of leg, arm, foot, hand or eye, and other. An affirmative answer to any of the first five conditions required the applicant to secure a physician’s statement on a form provided by the Department.

In place of Jordan’s responses to the question, the following legend appeared on the document the Department made available to petitioner: "pursuant to section 89 of the freedom OF INFORMATION LAW. THE INFORMATION UNDER THIS MASK IS DEEMED TO BE CONFIDENTIAL.”

Petitioner then requested an unmasked, or unredacted, copy of the application, claiming that the material was not exempt under Public Officers Law §89 (2) (b), but his request was [109]*109denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Russell v. Town of Mount Pleasant, N.Y.
2026 NY Slip Op 00966 (New York Court of Appeals, 2026)
NYP Holdings, Inc. v. Metropolitan Transp. Auth.
2025 NY Slip Op 31423(U) (New York Supreme Court, New York County, 2025)
Matter of Freedom Found. v. Jefferson County
2024 NY Slip Op 03944 (Appellate Division of the Supreme Court of New York, 2024)
Matter of Getting the Word Out, Inc. v. New York State Olympic Regional Dev. Auth.
214 A.D.3d 1158 (Appellate Division of the Supreme Court of New York, 2023)
Matter of Tatko v. Village of Granville
207 A.D.3d 975 (Appellate Division of the Supreme Court of New York, 2022)
Matter of Hepps v. New York State Dept. of Health
2020 NY Slip Op 2517 (Appellate Division of the Supreme Court of New York, 2020)
Abdur-Rashid v. N.Y.C. Police Dep't
100 N.E.3d 799 (Court for the Trial of Impeachments and Correction of Errors, 2018)
Matter of Abdur-Rashid v. New York City Police Dept.
140 A.D.3d 419 (Appellate Division of the Supreme Court of New York, 2016)
Matter of Berger v. New York City Dept. of Health & Mental Hygiene
137 A.D.3d 904 (Appellate Division of the Supreme Court of New York, 2016)
Smith v. New York State Office of Attorney General
116 A.D.3d 1209 (Appellate Division of the Supreme Court of New York, 2014)
Thomas v. Department of Education
103 A.D.3d 495 (Appellate Division of the Supreme Court of New York, 2013)
Porco v. Fleischer
100 A.D.3d 639 (Appellate Division of the Supreme Court of New York, 2012)
McCrory v. Village of Mamaroneck
34 Misc. 3d 603 (New York Supreme Court, 2011)
New York State Defenders Ass'n v. New York State Police
87 A.D.3d 193 (Appellate Division of the Supreme Court of New York, 2011)
Canty v. Office of Counsel
30 Misc. 3d 705 (New York Supreme Court, 2010)
Capital Newspapers Division of Hearst Corp. v. City of Albany
63 A.D.3d 1336 (Appellate Division of the Supreme Court of New York, 2009)
Verizon New York, Inc. v. Murray
60 A.D.3d 956 (Appellate Division of the Supreme Court of New York, 2009)
Verizon New York, Inc. v. Mills
60 A.D.3d 958 (Appellate Division of the Supreme Court of New York, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
588 N.E.2d 750, 79 N.Y.2d 106, 20 Media L. Rep. (BNA) 1026, 580 N.Y.S.2d 715, 1992 N.Y. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanig-v-state-of-new-york-department-of-motor-vehicles-ny-1992.