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Dos-Santos v. N.Y. City Police Department

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1998
255 A.D.2d 205 (N.Y. App. Div. 1998)

Opinion

November 17, 1998

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


The proceeding was properly dismissed upon petitioner's failure to articulate a demonstrable factual basis for believing that the documents she requested exist, after respondent's records access officer had certified that petitioner's complaints did not generate an investigation and that a diligent and thorough search located no documents pertaining to any such investigations ( see, Matter of Gould v. New York City Police Dept., 89 N.Y.2d 267, 279; Matter of Curro v. Capasso, 209 A.D.2d 346). We note that although petitioner's complaints were logged in by IAB and then forwarded to the appropriate precinct, one was against a civilian and was deemed civil, not criminal, in nature, and the other against a police officer claimed nothing more than his refusal to take petitioner's complaint against the civilian.

Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.


Summaries of

Dos-Santos v. N.Y. City Police Department

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1998
255 A.D.2d 205 (N.Y. App. Div. 1998)
Case details for

Dos-Santos v. N.Y. City Police Department

Case Details

Full title:NORMA DOS-SANTOS, Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 17, 1998

Citations

255 A.D.2d 205 (N.Y. App. Div. 1998)
679 N.Y.S.2d 819

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