Appellate Division of the Supreme Court of New York, 1996

Billups v. Rizzo

Appellate Division of the Supreme Court of New York · Decided June 17, 1996

228 A.D.2d 587; 644 N.Y.2d 752; 644 N.Y.S.2d 752; 1996 N.Y. App. Div. LEXIS 7199

Cases that cite this one

2 later published cases cite this decision.

Matter of Mental Hygiene Legal Serv. v. Daniels (Appellate Division of the Supreme Court of New York 2017)
Diaz v. New York State Office of Mental Health (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*588The petitioner was granted permission to review his mental health records in accordance with Mental Hygiene Law § 33.16 (b) (1), but his request for a copy of those records was denied. Mental Hygiene Law § 33.16 (b) (5) provides that a facility shall furnish a copy of any clinical record which a person is authorized to inspect. Both the right of access and the right to a copy of the clinical records are subject to the same limitations (see, Mental Hygiene Law § 33.16 [c]). Under the circumstances of this case, where the facility found no reason to deny the petitioner access to his records, its denial of his request for a copy of those records was arbitrary and capricious. O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.