Sigety v. Horan — 40 N.Y.2d 1085

Majority

p. 1085

In the Matter of Charles E. Sigety, Doing Business as Florence Nightingale Nursing Home, Appellant, v Richard V. Horan, as Welfare Inspector General of the State of New York, Respondent.

Argued January 4, 1977;

decided January 13, 1977

p. 1086

Howard G. Kristol for appellant.

p. 1087

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for respondent.

Order affirmed, with costs. We are in basic agreement with the views expressed by the Appellate Division in its memorandum. As to the Federal statute relied upon by appellant, it is sufficient to state that the statute does not apply to reports prepared and originated by State agencies. Further, there is no showing of any legal basis to prohibit a public official from releasing a report that he proposes to release in his official capacity.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli,

Jones, Wachtler, Fuchsberg and Cooke.