Matter of Hendrix v Monroe County Dept. of Communication, 2017 NY Slip Op 05001 [151 AD3d 1857]

June 16, 2017

Appellate Division, Fourth Department

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In the Matter of Elroy Hendrix, Appellant, v Monroe County Department of Communication, 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 [2007]; see Matter of Hall v Bongiorno , 305 AD2d 508, 509 [2003]). 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 [1993]; Matter of Gibson v Grady , 192 AD2d 657, 657 [1993]). Present—Whalen, P.J., Smith, Carni, Curran and Scudder, JJ..