Matter of Singleton v City of New York

[*1] Matter of Singleton v City of New York 2015 NY Slip Op 51200(U) Decided on August 12, 2015 Supreme Court, New York County Hunter, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 12, 2015
Supreme Court, New York County

In the Matter of the Application of Rebecca Singleton individually, and as Administrator of the Estate of Ron Singleton, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules

against

The City of New York, THE NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE, NEW YORK COUNTY DISTRICT ATTORNEY CYRUS R. VANCE, JR., NEW YORK CITY OFFICE OF CHIEF MEDICAL EXAMINER, NEW YORK CITY ACTING CHIEF MEDICAL EXAMINER BARBARA A. SAMPSON, MD., Respondents.



101512/2014



Petitioner:

Bonita Zelman, Esq.

2001 Marcus Avenue, Suite S-150

New Hyde Park, NY 11042

(516) 616-0707

Respondents:

New York City Law Department

100 Church Street

New York, NY 10007

(212) 788-0303

New York County District Attorney

1 Hogan Place

New York, NY 10013

(212) 335-4096
Alexander W. Hunter Jr., J.

The application by Rebecca Singleton ("petitioner"), individually and as Administrator of the Estate of her son Ron Singleton ("decedent"), for an order pursuant to C.P.L.R. Article 78, in the nature of mandamus seeking to: (1) compel the reversal of the respondents' decision denying her copies of the decedent's complete Medical Examiner's file and reports; and (2) directing the respondents to provide her with copies of same, is denied. Respondents' cross-motion pursuant to C.P.L.R. §7804(f), to dismiss the verified petition, is granted.

The decedent, who is of African American descent, died on July 13, 2014 following an incident on Fifth Avenue, between East 50th and East 52nd Streets in New York County. The incident, which occurred on July 12, 2014, involved a dispute between the decedent, his son and a New York City taxicab driver, that required intervention by the New York City Police Department ("NYPD"). The petitioner alleges that, upon arrival, the NYPD officers hand-cuffed the decedent, forced him face-down to the ground, and proceeded to get on top of him, pressing him down on the pavement. It is further alleged that one of the police officers placed his knee on the decedent's neck causing him to scream and his body to go limp. The decedent was subsequently transferred to St. Luke's-Roosevelt Hospital where he was pronounced dead.

On August 4, 2014, the petitioner requested a certified copy of the decedent's complete Medical Examiner's file and reports, including the Autopsy, Pathology, Laboratory Toxicology, Histology, and Microscopic analyses (collectively "reports"), from the Office of the Chief Medical Examiner ("OCME"). On August 29, 2014 the OCME made a public announcement that the decedent's death was ruled a homicide as a result of physical restraint by the police and that, at the time of the incident, the decedent was in a state of excited delirium caused by PCP. The OCME further announced that heart disease and obesity were contributing factors to the decedent's death. On October 28, 2014, the OCME denied petitioner's request for the reports citing that Assistant District Attorney, Ann Prunty of the Manhattan District Attorney Officer ("DANY") declined to provide consent to the release of the report because the DANY's investigation remained open and active. On December 9, 2014, petitioner asked the DANY to reconsider authorizing the release of the report. The request was again denied. Oral arguments were held on May 11, 2015, all parties were present and were heard.

"It is well settled that the remedy of mandamus is available to compel a governmental entity or officer to perform a ministerial duty, but does not lie to compel an act which involves an exercise of judgment or discretion." Brusco v. Braun, 84 NY2d 674, 679 (1994). Thus, relief in the form of mandamus may only be granted if the petitioner establishes a clear legal right' to the relief requested. DiBlasio v. Novello, 28 AD3d 339, 342 (1st Dept. 2006).

New York City Charter §557(g) provides that:

The chief medical examiner shall keep full and complete records in such form as may be provided by law. The chief medical examiner shall promptly deliver to the appropriate district attorney copies of all records relating to every death as to which there is, in the judgment of the medical examiner [*2]in charge, any indication of criminality. Such records shall not be open to public inspection.

During oral arguments, the OCME defined homicide as the "unnatural cause of death that is not accidental or suicidal." (tr at 13, lines 22-23). Here, the OCME ruled the decedent's death a homicide following physical restraint by the police and, as a result, delivered the reports to the DANY for investigation. Accordingly, this court may not compel the respondents to release the reports as these records are deemed confidential by §557(g). Moreover, it is noted that County Law § 677(3)(b), which grants the next-of kin of a deceased person a copy of the autopsy report, is not applicable because §677(3) does not apply to New York County. See, County Law § 2 (a); Mitchell v. Borakove, 225 AD2d 435 (1st Dept. 1996).

Accordingly, it is hereby

ADJUDGED that the application by the petitioner for an order pursuant to C.P.L.R. Article 78, in the nature of mandamus seeking to compel the reversal of the respondents' decision denying her copies of the reports, is denied. Respondents' cross-motion pursuant to C.P.L.R. §7804(f), to dismiss the verified petition, is granted.

Dated: August 12, 2015

ENTER:

____________________________

J.S.C.