Hendrix v. Monroe County Department of Communication

Majority

p. 1857

In the Matter of Elroy Hendrix, Appellant, v Monroe County Department of Communication, Respondent.

[54 NYS3d 350]

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 20, 2015 in a CPLR article 78 proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

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

p. 1858

Bridgewater v Johnson, 44 AD3d 549 , 550 [2007]; see Matter of Hall v Bongiorno, 305 AD2d 508 , 509 [2003]). With respect to petitioner’s application pursuant to GPL 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 AD2d 786 , 786-787 [1993]; Matter of Gibson v Grady, 192 AD2d 657 , 657 [1993]).

Present — Whalen, P.J., Smith, Carni, Curran and Scudder, JJ.

Cases cited

Bridgewater v. Johnson 44 AD3d 549 N.Y. App. Div. 2007-10-25 at 550 p. 1858
Mullgrav v. Santucci 195 AD2d 786 N.Y. App. Div. 1993-07-15 at 786-787 p. 1858