| Matter of Hendrix v Monroe County Dept. of Communication |
| 2017 NY Slip Op 05001 |
| Decided on June 16, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 16, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND SCUDDER, JJ.
810 CA 15-00988
v
MONROE COUNTY DEPARTMENT OF COMMUNICATION, RESPONDENT-RESPONDENT.
ELROY HENDRIX, PETITIONER-APPELLANT PRO SE.
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 Bridgewater v Johnson, 44 AD3d 549, 550; see Matter of Hall v Bongiorno, 305 AD2d 508, 509). With respect to petitioner's application pursuant to CPL 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; Matter of Gibson v Grady, 192 AD2d 657, 657).
Entered: June 16, 2017
Frances E. Cafarell
Clerk of the Court