Robles v. Hirsch

19 A.D.3d 132, 795 N.Y.S.2d 450, 2005 N.Y. App. Div. LEXIS 5913

Opinion

Order, Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about August 6, 2004, which, in a proceeding to compel respondent Chief Medical Examiner’s production of records relating to petitioner’s conviction of murder, granted respondent’s motion to dismiss for failure to state a cause of action, unanimously affirmed, without costs.

Petitioner, who concedes that the autopsy records he seeks are exempt from disclosure under the Freedom of Information Law (NY City Charter § 557 [g]; Matter of Huston v Turkel, 236 AD2d 283 [1997], lv denied 90 NY2d 809 [1997]; cf. Administrative Code of City of NY § 17-205), fails to show any other basis for allowing him access. Concur—Saxe, J.P, Sullivan, Nardelli and Williams, JJ.