Opinion
06-16-2017
In the Matter of Elroy HENDRIX, Petitioner–Appellant, v. MONROE COUNTY DEPARTMENT OF COMMUNICATION, Respondent–Respondent.
Elroy Hendrix, petitioner-appellant pro se.
Elroy Hendrix, petitioner-appellant pro se.
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 Bridgewater v. Johnson, 44 A.D.3d 549, 550, 844 N.Y.S.2d 39 ; see Matter of Hall v. Bongiorno, 305 A.D.2d 508, 509, 761 N.Y.S.2d 63 ). With respect to petitioner's application pursuant to CPL 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 A.D.2d 786, 786–787, 600 N.Y.S.2d 382 ; Matter of Gibson v. Grady, 192 A.D.2d 657, 657, 597 N.Y.S.2d 84 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
WHALEN, P.J., SMITH, CARNI, CURRAN, and SCUDDER, JJ., concur.