Opinion
June 17, 1996
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the respondent is directed to furnish the petitioner with a copy of his mental health records.
The 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.