Release Records Without Consent In Bronx
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V. Nicholas,1 the Appellate Division, Second Department reaffirmed that the state of New York is a “race-notice” jurisdiction, in which the deed or mortgage recorded first, without notice of any other deed or mortgage, will obtain priority (Real Property Law §291).
The Freedom of Information Law, effective January 1, 1978, reaffirms your right to know how your government operates. It provides rights of access to records reflective of governmental decisions and policies that affect the lives of every New Yorker.
There is a strong presumption of open access to court records in New York.
New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents.
How to Request Office of the State Comptroller (OSC) Records Under FOIL Email: FOIL@osc.ny. Mail: Records Access Office. Fax: 518-473-8940. In Person: Written requests may be submitted in person at OSC's main office at 110 State Street in Albany, New York, between a.m. and p.m. on weekdays.
Anyone can request records in New York. A statement of purpose is usually not required but several New York courts have considered the requestor's motives to be relevant where the motive of the document requestor was to obtain documents relative to pending litigation.
The NYS Department of Health, however, requires medical doctors to retain records for any adult patients for 6 years. Minor patients are kept for 6 years and until one year after the minor reaches the age of 18 (whichever is longer). For hospitals, medical records must be kept for six years from the date of discharge.
To request a copy of a medical record from a hospital, call or write to the hospital holding the record. You must speak to the Medical Records Department and request a release of medical information authorization form from the hospital.
Section 18 requires that within 10 days of a written request for access to records, the provider must give the qualified person the opportunity to inspect the records. Providers must also provide copies of records if copies are requested within a reasonable time frame.
Patient Medical Records: Adult • Legal Minimum: 6 years from the date of discharge • Recommended: 21 years 10 NYCRR §405.10(a) (4) Due to the difficulty in distinguishing adult and minor records, some hospitals elect to retain all medical records for 21 years after the last date of service.
