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MANTICA v. DOH

94 N.Y.2d 58 (1999)

721 N.E.2d 17

699 N.Y.S.2d 1

In the Matter of JAMES V. MANTICA et al., Respondents, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Appellants.

Court of Appeals of the State of New York.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh, Preeta D. Bansal and Peter H. Schiff of counsel), for appellants.

DeGraff, Foy, Holt-Harris & Kunz, L. L. P., Albany (George J. Szary and Scott C. Paton of counsel), for respondents.

Nixon Peabody, L. L. P., Albany (Peter J. Millock of counsel), for FOJP Service Corporation, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

The issue here is whether patients may obtain their own medical records from a State agency pursuant to New York State's Freedom of Information Law (FOIL) (Public Officers Law art 6) despite the prohibition of Public Health Law § 18 (6) against redisclosure of patient information by third parties. We conclude that, under the circumstances of this case, petitioner is entitled to his medical records, and we therefore affirm...

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