Matter of Hendrix v. Monroe County Dept. of Communication

Appellate Division of the Supreme Court of New York

Matter of Hendrix v. Monroe County Dept. of Communication

2017 NY Slip Op 5001, 151 A.D.3d 1857, 54 N.Y.S.3d 350

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 2017·No. 810 CA 15-00988·Published

Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 20, 2015 in a CPLR article 78 proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment that denied his CPLR article 78 petition seeking to compel respondent to produce certain documents pursuant to the Freedom of Information Law ([FOIL] Public Officers Law art 6) and CPL 190.25 (4). We affirm. Petitioner was not entitled to the requested grand jury minutes because “the minutes are court records and [are] exempt from the ambit of FOIL” (Matter of *1858 Bridgewater v Johnson, 44 AD3d 549, 550 [2007]; see Matter of Hall v Bongiorno, 305 AD2d 508, 509 [2003]). With respect to petitioner’s application pursuant to GPL 190.25 (4), we conclude that Supreme Court properly determined that petitioner failed to provide a compelling and particularized need for the minutes (see Matter of Mullgrav v Santucci, 195 AD2d 786, 786-787 [1993]; Matter of Gibson v Grady, 192 AD2d 657, 657 [1993]).

Present — Whalen, P.J., Smith, Carni, Curran and Scudder, JJ.

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Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 20, 2015 in a CPLR article 78 proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment that denied his CPLR article 78 petition seeking to compel respondent to produce certain documents pursuant to the Freedom of Information Law ([FOIL] Public Officers Law art 6) and CPL 190.25 (4). We affirm. Petitioner was not entitled to the requested grand jury minutes because “the minutes are court records and [are] exempt from the ambit of FOIL” (Matter of *1858 Bridgewater v Johnson, 44 AD3d 549, 550 [2007]; see Matter of Hall v Bongiorno, 305 AD2d 508, 509 [2003]). With respect to petitioner’s application pursuant to GPL 190.25 (4), we conclude that Supreme Court properly determined that petitioner failed to provide a compelling and particularized need for the minutes (see Matter of Mullgrav v Santucci, 195 AD2d 786, 786-787 [1993]; Matter of Gibson v Grady, 192 AD2d 657, 657 [1993]).

Present — Whalen, P.J., Smith, Carni, Curran and Scudder, JJ.

Matter of Hendrix v. Monroe County Dept. of Communication, 2017 NY Slip Op 5001, 151 A.D.3d 1857, 54 N.Y.S.3d 350 (N.Y. Ct. App. 2017).

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