Matter of Mitchell v. Borakove

In Matter of Mitchell v. Borakove, 225 AD2d 435 [1st Dept 1996], appeal dismissed 88 NY2d 919 [1996] the appellate court reversed New York County Supreme Court's order pursuant to CPLR article 78 directing the OCME to turn over to the petitioner certain autopsy worksheets and audiotape based on the standard set forth in County Law 677 (3) (b), "which provides in pertinent part, that: Such records shall be open to inspection by the district attorney of the county. . . . Upon proper application of any person who is or may be affected in a civil or criminal action by the contents of the record . . . or upon the application of any person having a substantial interest therein, an order may be made by a court of record . . . that the record of that investigation be made available for his inspection" (id.) . The appellate court held that County Law 677 (3) (b) did not apply in New York City and pursuant to New York City Charter 557 (g) records of the OCME, which have an indication of criminality, are exempt from disclosure.