Legal Opinion

Hanig v. State of New York Department of Motor Vehicles

New York Court of Appeals

Decided February 18, 1992PublishedCited by 54 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

This appeal calls upon us to determine whether responses to a question regarding current treatment for disabilities, on an application for a New York driver’s license, are subject to disclosure under the Freedom of Information Law (Public Officers Law art 6 [FOIL]). We agree with Supreme Court and the Appellate Division that such information is exempt from disclosure as "medical * * * histories” (see, Public Officers Law § 89 [2] [b] [i]).

In June 1989, Pamela Jo Nielson was struck by an automobile while crossing a street in the Village of Fishkill. She retained…

2Cases cited5 opinions

  1. Capital Newspapers Division of the Hearst Corp. v. BurnsNew York Court of Appeals · 1986
  2. Fink v. LefkowitzNew York Court of Appeals · 1979
  3. M. Farbman & Sons, Inc. v. New York City HealthNew York Court of Appeals · 1984
  4. Federation of New York State Rifle & Pistol Clubs, Inc. v. New York City Police DepartmentNew York Court of Appeals · 1989
  5. Hanig v. State of New York Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by54 opinions

  1. Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
  2. Data Tree, LLC v. RomaineNew York Court of Appeals · 2007
  3. New York State Defenders Ass'n v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2011
  4. Johnson v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1999
  5. Abdur-Rashid v. N.Y.C. Police Dep'tCourt for the Trial of Impeachments and Correction of Errors · 2018

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