Matter of Newton v. Dist. Att. of Bronx Cty

Full title: In the Matter of ALAN NEWTON, Appellant, v. DISTRICT ATTORNEY OF BRONX…

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

Date published: Sep 22, 1992

186 A.D.2d 57 (N.Y. App. Div. 1992)

588 N.Y.S.2d 269

Opinion

September 22, 1992

Appeal from the Supreme Court, Bronx County (Douglas E. McKeon, J.).

Neither the hospital records of the witnesses against petitioner nor the Grand Jury testimony of the witnesses against him are disclosable material pursuant to the Freedom of Information Law. Access to the medical records in question would constitute "an unwarranted invasion of personal privacy" (Public Officers Law § 87 [b]; § 89 [2] [b]; see, Matter of Hanig v State of N.Y. Dept. of Motor Vehicles, 168 A.D.2d 884, affd 79 N.Y.2d 106). Similarly, as Grand Jury testimony is "specifically exempted from disclosure by state * * * statute", it is non-disclosable pursuant to FOIL (Public Officers Law § 87 [a]; CPL 190.25; Matter of Thompson v Weinstein, 150 A.D.2d 782,783).

We have considered all other claims and find them to be without merit.

Concur — Murphy, P.J., Rosenberger, Ross and Kassal, JJ.