Opinion
2012-02-14
In re Jussi K. KIVISTO, Petitioner–Appellant, v. NYC HUMAN RESOURCES ADMINISTRATION, et al., Respondents–Respondents.
Jussi K. Kivisto, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondents.
Jussi K. Kivisto, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondents.
Judgment, Supreme Court, New York County (Saliann Scarpulla, J.), entered October 7, 2010, denying a petition seeking to, among other things, annul the determination of respondent New York City Human Resources Administration (HRA), dated December 18, 2009, which denied petitioner's Freedom of Information Law (FOIL) request for certain documents concerning Medicaid payments made on behalf of a deceased public assistance recipient, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
HRA's determination denying petitioner's FOIL request was not affected by an error of law ( see Mulgrew v. Board of Educ. of the City School Dist. of the City of N.Y., 87 A.D.3d 506, 507, 928 N.Y.S.2d 701 [2011] ). Indeed, the agency demonstrated that the requested documents are confidential and exempt from disclosure by Social Services Law §§ 136, 367–b(4) and 369(4) ( see Public Officers Law §§ 87[2][a], 89[5][e]; see Matter of Rabinowitz v. Hammons, 228 A.D.2d 369, 369–370, 644 N.Y.S.2d 726 [1996], lv. denied 89 N.Y.2d 802, 653 N.Y.S.2d 279, 675 N.E.2d 1232 [1996] ). Petitioner's argument that the confidentiality of the information did not survive the deceased's death is unavailing. Given the foregoing determination, we need not decide whether the requested documents are exempt from disclosure under Public Officers Law § 87(2)(b), an argument that was never raised below.
We have reviewed petitioner's remaining contentions, including that any privacy interest has been waived by public disclosure, and find them unavailing.