MATTER OF MITCHELL v. BORAKOVE


225 A.D.2d 435 (1996)

639 N.Y.S.2d 791

In the Matter of James Mitchell, Also Known as Wamel Allah, Respondent, v. Ellen Borakove as Public Affairs Director of The New York City Department of Health, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1996


Petitioner seeks disclosure of certain documents, worksheets and audiotape allegedly created in connection with the autopsy of Charles Freeman, Jr., whom petitioner was convicted of murdering in 1975.

Under the Freedom of Information Law (FOIL), records which must otherwise be made available to applicants need not be if they are specifically exempted from disclosure by State or Federal statute (Public Officers Law § 87 [2] [a]). Here such exemption exists with...

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