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MATTER OF MIMS v. CHICHESTER

281 A.D.2d 256 (2001)

722 N.Y.S.2d 30

In the Matter of GEORGE MIMS, Respondent, v. SHELLY A.R. CHICHESTER, as Records Access Officer of Bronx County District Attorney's Office, Appellant.

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

Decided March 15, 2001.

Respondent argues that, under the so-called "communications privilege" or "anti-contact rule" of Code of Professional Responsibility DR 7-104 (22 NYCRR 1200.35), she is prohibited from directly communicating with petitioner, and therefore from responding to his FOIL request, since he is represented by an attorney in a pending appeal of his conviction, his request concerns the subject of that representation and his attorney has...

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