You are here: / / REQUEST FOR THE NAME OF THE MOHEL WHO PERFORMED CIRCUMCISION ON AN INFANT...

REQUEST FOR THE NAME OF THE MOHEL WHO PERFORMED CIRCUMCISION ON AN INFANT WHO BECAME INFECTED WITH HERPES SIMPLEX VIRUS PROPERLY DENIED.

The Second Department determined a reporter’s (Berger’s) request to the NYC Department of Health for the name of a mohel who performed a circumcision on an infant who became infected with herpes simplex virus (HSV-1) was properly denied. A person’s medical history is exempt from disclosure under the Public Officers Law. Revealing the mohel’s name would reveal his medical condition:

As relevant here, Public Officers Law § 87(2)(b) expressly exempts from disclosure records that “if disclosed would constitute an unwarranted invasion of personal privacy” under Public Officers Law § 89(2). Public Officers Law § 89(2)(b)(i) expressly includes “medical . . . histories” within the ambit of “unwarranted invasion of personal privacy” … . In turn, the Court of Appeals has held that “medical history” is ” information that one would reasonably expect to be included as a relevant and material part of a proper medical history'” … .

Here, inherent in Berger’s request for “the name of the mohel who infected an infant with HSV-1 during ritual circumcision in December 2012” is that the mohel is himself infected with, or a carrier of, the HSV-1 virus. Thus, the petitioners’ argument that they are not requesting the mohel’s “medical history,” but only his name, is without merit. Inasmuch as that information is undeniably ” information that one would reasonably expect to be included as a relevant and material part of [the mohel’s] proper medical history'” … , it is “medical history” within the meaning of Public Officers Law § 89(2)(b)(i). The conclusion is thus inescapable that disclosure of the record Berger sought would be an “unwarranted invasion of personal privacy” under Public Officers Law § 89(2)(b)(i) and Public Officers Law § 87(2)(b). Matter of Berger v New York City Dept. of Health & Mental Hygiene, 2016 NY Slip Op 01667, 2nd Dept 3-9-16

FREEDOM OF INFORMATION LAW (FOIL) (REQUEST FOR NAME OF MOHEL WHO INFECTED INFANT WITH HERPES SIMPLEX VIRUS PROPERLY DENIED)/PUBLIC OFFICERS LAW (FOIL, REQUEST FOR NAME OF MOHEL WHO INFECTED INFANT WITH HERPES SIMPLEX VIRUS PROPERLY DENIED)

You might also like
PLAINTIFF’S FALL FROM A LADDER OCCURRED DURING ROUTINE MAINTENANCE AND THEREFORE WAS NOT ACTIONABLE PURSUANT TO LABOR LAW 240 (1) (SECOND DEPT).
PRIVATE CONTRACT DISPUTES, UNIQUE TO THE PARTIES, ARE NOT COVERED BY GENERAL BUSINESS LAW 349 OR 35O WHICH ARE APPLICABLE ONLY TO CONSUMER-ORIENTED CONDUCT (SECOND DEPT).
THE POLICE TESTIMONY AT THE SUPPRESSION HEARING WAS NOT WORTHY OF BELIEF; THEREFORE THE PEOPLE DID NOT DEMONSTRATE THE LEGALITY OF THE POLICE CONDUCT; INDICTMENT DISMISSED (SECOND DEPT).
CONTRACTUAL AGREEMENT TO A ONE YEAR STATUTE OF LIMITATIONS FOR A BREACH OF CONTRACT ACTION SHOULD NOT HAVE BEEN ENFORCED, PLAINTIFF HAD NO CONTROL OVER WHEN THE DEFENDANT COULD TAKE AN ACTION WHICH BREACHED THE CONTRACT, HERE THE ALLEGED BREACH BY DEFENDANT DIDN’T TAKE PLACE UNTIL AFTER THE LIMITATIONS PERIOD (SECOND DEPT).
Court May Not Deny a Dispositive Motion on a Ground Not Raised by the Parties/Assumption of Risk Precluded Suit Based Upon Falling Off an Exercise Ball
PLAINTIFF PROPERLY OPTED TO SUE EMPLOYER FOR WORKPLACE INJURY, EMPLOYER DID NOT CARRY WORKERS’ COMPENSATION INSURANCE.
Statutory Three-Year Moratorium on Seeking a Lower Tax Assessment Applies to New Owner of the Property
INITIAL ATTEMPT TO SERVE DEFENDANT WAS TIMELY BUT DEFECTIVE, EVEN THOUGH THE STATUTE OF LIMITATIONS HAD RUN, SUPREME COURT PROPERLY GRANTED PLAINTIFF AN EXTENSION OF TIME TO EFFECT SERVICE (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FAMILY COURT SHOULD HAVE GRANTED MOTION FOR FINDINGS TO ENABLE CHILD TO PETITION... PRINCIPLES OF CONTRACT INTERPRETATION APPLIED TO DETERMINE THE DEDUCTIBLE AMOUNT;...