Opinion
March 10, 1998
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
The application was properly denied on the ground that records of autopsies performed by the Office of the New York City Chief Medical Examiner are exempt from disclosure under New York City Charter § 557 (g) (Applegate v. Hirsch, 245 A.D.2d 213; Matter of Mitchell v. Borakove, 225 A.D.2d 435, appeal dismissed 88 N.Y.2d 919). There is no merit to petitioner's claim that the instant article 78 proceeding should have been converted to an action under 42 U.S.C. § 1983.
Concur — Rosenberger, J. P., Ellerin, Nardelli and Wallach, JJ.