Legal Question in Appeals and Writs in New York

Legal basis for appeal of FOIA, freedom of information act.

As an heir and relative is my brother legally entitled to know his grandmother's maiden name on the SS-5 form he received? The SS-5 form blocked his grandmother's name due to FOIA 5 U.S.C. 552(b)(6)--see below. In order for my brother to obtain a copy of his father's death certificate as proof of heirship, he must include her maiden name on the application. We can appeal the decision if we include the legal basis for his right to the release of this information.

My brother's deceased father and his father's relatives lived in NY.

5 USC 552 (b)(6), personal information, where a personal interest in privacy outweighs a public interest in release, this includes graphic photographs of injuries in accidents and autopsy reports (see 49 CFR 801.55);

Asked on 9/23/02, 8:30 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Legal basis for appeal of FOIA, freedom of information act.

Why doesn't your brother simply submit a copy of his own birth certificate? That will show his father's name as proof of his heirship.

Read more
Answered on 9/23/02, 10:07 pm

Related Questions & Answers

More Appeals and Writs questions and answers in New York