Opinion
2015-03-31
In re Hector LOPEZ, Petitioner–Appellant, v. The NEW YORK CITY POLICE DEPARTMENT Records Access Appeals Officer, Respondent–Respondent.
Hector Lopez, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent.
Hector Lopez, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent.
Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered August 22, 2012, denying the petition to compel respondent to disclose certain records pertaining to the arrest of a third party pursuant to the Freedom of Information Law (FOIL), and granting respondent's cross motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondent satisfied its statutory obligations by disclosing an arrest report and certifying that it had conducted a diligent search and failed to locate any further responsive records ( see Matter of Alicea v. New York City Police Dept., 287 A.D.2d 286, 731 N.Y.S.2d 19 [1st Dept.2001]; Mitchell v. Slade, 173 A.D.2d 226, 569 N.Y.S.2d 437 [1st Dept.1991], lv. denied 78 N.Y.2d 863, 578 N.Y.S.2d 877, 586 N.E.2d 60 [1991] ). Petitioner failed to “articulate a demonstrable factual basis to support his contention that [further] requested documents existed and were within [respondent]'s control” ( Matter of Gould v. New York City Police Dept., 89 N.Y.2d 267, 279, 653 N.Y.S.2d 54, 675 N.E.2d 808 [1996]; see Matter of New York Envtl. Law & Justice Project v. City of New York, 286 A.D.2d 307, 307, 730 N.Y.S.2d 285 [1st Dept.2001] ).
Contrary to petitioner's contention, the court properly declined to waive his $50 filing fee, since waiver of an inmate's filing fee is not permitted pursuant to CPLR 1101(f)(2) ( see Gomez v. Evangelista, 290 A.D.2d 351, 736 N.Y.S.2d 365 [1st Dept.2002] ).