Citation Numbers: 41 Misc. 2d 241
Judges: Brust
Filed Date: 9/27/1963
Status: Precedential
Modified Date: 2/5/2022
Motion for an order, pursuant to article 78 of the Civil Practice Law and Rules, directing respondent, Commissioner of the Department of Correction, to make available, for inspection and copying, records pertaining to petitioner’s confinement during the periods June 14, 1955 through October 24, 1955, and April 18, 1956, through June 17, 1956, is granted. It appears that petitioner seeks these records for use in a coram nobis proceeding to be instituted. Respondent contends that the procedure herein utilized is improper and that the relief sought is available in the coram nobis or habeas corpus proceeding to be commenced. As to respondent’s first contention, it does not appear that any proceeding, other than that herein utilized, is available. Petitioner is charging that a government official is refusing him access, by order, to records which he has a right to inspect. Clearly this court has the power