Scott v. Chief Medical Examiner, City of New York
| Decision Date | 14 January 1992 |
| Citation | 179 A.D.2d 443,577 N.Y.S.2d 861 |
| Parties | In re Application of Harold SCOTT, Petitioner-Appellant, For a Judgment etc., v. CHIEF MEDICAL EXAMINER, CITY OF NEW YORK, Respondent-Respondent. In re Application of Harold SCOTT, Petitioner-Appellant, For a Judgment etc., v. Thomas E. SLADE, etc., et al., Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, P.J., and MILONAS, ELLERIN and KUPFERMAN, JJ.
Order, Supreme Court, New York County (Sklar, J.), entered on or about February 3, 1989, dismissing petitioner's request for production of the autopsy report of petitioner's murder victim; and order of Supreme Court, New York County (Shorter, J.), entered on or about February 24, 1989, dismissing petitioner's challenge to the New York City Police Department's denial of his Freedom of Information Law (FOIL) request, unanimously affirmed, without costs.
With respect to certain of petitioner's FOIL requests, the court below correctly determined that they were time-barred by the four-month statutory period contained in CPLR 217. However, with respect to petitioner's request made May 27, 1988, for certain police records and reports, as well as petitioner's request made May 16, 1988, requesting a police officer's memobook, we conclude that the Article 78 proceeding was commenced within four months of the final agency action. However, the IAS court's denial of petitioner's request was not arbitrary or capricious. These police reports and records, including DD5s are interagency material, which are not final agency policy or determinations, and are exempted from disclosure under FOIL by Public Officers Law § 87, subd. 2, subd. g., subd. iii (see Oliva v. Ward, Index No. 40016/85, Supreme Court, New York County). Further, we conclude that a police officer's memobook, notwithstanding its evidentiary value at trial, remains the private property of that officer, and is exempted by Public Officers Law § 87, subd. 2, subd. b, as well as aforesaid § 87, subd. 2, subd. g.
With respect to petitioner's reliance on County Law § 677, subd. 3, subd. b for a copy of the autopsy report, and related materials, County Law § 2 expressly places New York County, which is wholly contained within a City, beyond the jurisdictional reach of the County Law, absent provision to the contrary.
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