Matter of Assakaf v. Arden

Full title: In the Matter of YAHYA ASSAKAF, Appellant, v. JONATHAN ARDEN, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 12, 1994

210 A.D.2d 325 (N.Y. App. Div. 1994)

620 N.Y.S.2d 295

Opinion

December 12, 1994

Appeal from the Supreme Court, Kings County (Egitto, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed this proceeding to compel the Medical Examiner of Kings County to disclose all medical and lab reports pertaining to the petitioner's underlying criminal action wherein he was convicted, inter alia, of murder in the second degree (two counts), which judgment was affirmed by this Court (see, People v As-Sakaf, 207 A.D.2d 899). These reports were exempt from disclosure by New York City Charter § 557 (g) (see, Public Officers Law § 87); Matter of Mullady v Bogard, 153 Misc.2d 1018). Moreover, we note that County Law § 677 is not applicable to the petitioner's request because the County Law does not apply to Kings County (see, County Law § 2 [a]). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.