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Robles v. Hirsch

19 A.D.3d 132 Court N.Y. App. Div. Decision date 2005-06-02 English

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p. 132
In the Matter of Rafael Robles, Appellant, v Charles S. Hirsch, M.D., as Chief Medical Examiner, Department of Health, City of New York, Respondent.
[795 NYS2d 450]

Order, Order,

p. 133
Supreme Court, New York County (Charles J. Tejada, J.), entered on or about August 6, 2004, which, in a proceeding to compel respondent Chief Medical Examiner’s production of records relating to petitioner’s conviction of murder, granted respondent’s motion to dismiss for failure to state a cause of action, unanimously affirmed, without costs.

Petitioner, who concedes that the autopsy records he seeks are exempt from disclosure under the Freedom of Information Law (NY City Charter § 557 [g]; Matter of Huston v Turkel, 236 AD2d 283 [1997], lv denied 90 NY2d 809 [1997]; cf. Administrative Code of City of NY § 17-205), fails to show any other basis for allowing him access. Concur—Saxe, J.P, Sullivan, Nardelli and Williams, JJ.

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