Opinion
No. 17223 Index No. 260395/19 No. M-05113 Case No. 2022-00028
02-02-2023
In the Matter of Sheldon Harris, Petitioner-Appellant, v. Bronx County District Attorney, Respondent-Respondent.
Sheldon Harris, appellant pro se. Sylvia O. Hinds-Radix, Corporation Counsel, New York (Hannah J. Sarokin of counsel), for respondent.
Sheldon Harris, appellant pro se.
Sylvia O. Hinds-Radix, Corporation Counsel, New York (Hannah J. Sarokin of counsel), for respondent.
Before: Kapnick, J.P., Friedman, Gesmer, Moulton, Mendez, JJ.
Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered on or about May 7, 2020, to the extent appealed from as limited by the briefs, denying the petition and amended petition brought pursuant to CPLR article 78 to challenge respondent's partial denial of petitioner's June 21, 2017 Freedom of Information Law (FOIL) request, unanimously affirmed, without costs.
The court properly determined that an exception to the FOIL disclosure requirements, for an unwarranted invasion of privacy, applied to the medical records of petitioner's murder victim (see Public Officers Law § 87[2][b]; Matter of Newton v District Attorney of Bronx County, 186 A.D.2d 57, 57 [1st Dept 1992]). Autopsy records concerning the victim were also exempt from disclosure (see Public Officers Law § 87[2][a]; New York City Charter § 557[g]; Matter of Mitchell v Borakove, 225 A.D.2d 435, 435 [1st Dept 1996], app dismissed 88 N.Y.2d 919 [1996]). Concerning respondent's denial of access to graphic photographs of the victim, pursuant to Public Officers Law § 87(2)(b), petitioner failed to articulate any public interest in disclosure of these photographs which would require the court to balance the public's interest in disclosure against the victim and her family's privacy rights (see Matter of New York Times Co. v City of N.Y. Fire Dept., 4 N.Y.3d 477, 484-485 [2005]; Matter of Edwards v New York State Police, 44 A.D.3d 1216, 1216-1217 [3d Dept 2007]).
We have considered petitioner's remaining arguments, including those concerning redactions and the diligence of respondent's search for records, and find them unavailing.
M-05113 - Matter of Harris v Bronx County District Attorney
Motion to stay the appeal, denied.