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FOIL-AO-15011

From: Robert Freeman
To:
Date: 11/24/2004 4:52:26 PM

Dear

I have received your letter concerning access to "a transcript from a 50-H hearing."

In this regard, subdivision (3) of section 50-h of the General Municipal Law states in part that "The transcript of the record of an examination shall not be subject to or available for public inspection, except upon order the court upon good cause shown, but shall be furnished to the claimant or his attorney upon request."

Based on the foregoing, the record of your interest is not subject to public access and would be "specifically exempted from disclosure by...statute" and, therefore, beyond the scope of rights of access conferred by the Freedom of Information Law [see Freedom of Information Law, section 87(2)(a)].

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.ny.gov/coog/coogwww.html