| Matter of Robles v Hirsch |
| 2005 NY Slip Op 04467 [19 AD3d 132] |
| June 2, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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. |
—[*1]Order, 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.