
    In the Matter of Joseph J. Andrews, Petitioner, v. Police Department of the City of New York, Respondent.
    Supreme Court, Special Term, New York County,
    March 3, 1966.
    
      Joseph J. Andrews, petitioner in person. J. Lee Rankin, Corporation Counsel, for respondent.
   Birdie Amsterdam, J,

This is an application by petitioner for an order directing the Police Department to produce for examination by petitioner a certain memo book used by a patrolman in recording the details of a vehicular accident, and to direct the patrolman to answer interrogatories annexed to the moving papers.

The relief requested is sought to be utilized in a pending appeal by petitioner on a judgment adverse to him, arising from an automobile accident.

Petitioner bases his claim for the memo book on section 66-a of the Public Officers Law.

While petitioner styles his request a motion, it is clear that he is attempting to bring an article 78 proceeding, but has not satisfied the procedural requirements to maintain it. However, respondent desires a determination on the merits.

Section 66-a applies only to fully public records. The memo book is not a report or record required by statute to be made and filed, and does not come within the purview of section 66-a (cf. Matter of Erenberg v. Brill, 10 A D 2d 769; Brecht v. City of New York, 14 A D 2d 790).

Petitioner has no right to the information he seeks other than in the context of an action at law. A special proceeding is not the vehicle for him to obtain the information.

The application is denied and proceeding is dismissed.  