Turner v. Barbaro

In this proceeding pursuant to article 78 judgment is granted in favor of the respondent on his motion pursuant to OPLR 7804 (subd. [f]) dismissing the petition.

The petition and the supporting papers do not reveal facts from which it may be held that as a matter of law the petitioner should be permitted to examine the respondent’s records “ pertaining to the granting of public assistance to the petitioner ” as requested in the notice of petition. The records of the respondent are not public records. Sections 132 and 136 of the Social Services Law (formerly Social Welfare Law, renamed by L.…