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Matter of Lonski v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 977 (N.Y. App. Div. 1989)

Summary

In Lonski, the videotape at issue depicted an inmate's transfer to the special housing unit at a correctional facility, rather than merely the interior of a single cell in a holding center.

Summary of this case from Mack v. Howard

Opinion

April 14, 1989

Appeal from the Supreme Court, Erie County, Dadd, J.

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Petitioner, an inmate at Attica, appeals from a judgment which denied his CPLR article 78 petition challenging respondents' denial of his request under the Freedom of Information Law (FOIL) to obtain a copy of a videotape depicting his transfer to special housing unit. We conclude that the videotape falls within the FOIL exemption for materials which, "if disclosed would endanger the life or safety of any person" (Public Officers Law § 87 [f]), and that respondents properly denied petitioner's request. In our view, respondents have articulated a "particularized and specific justification" for denying access (Matter of Capital Newspapers v. Burns, 67 N.Y.2d 562, 566) based upon the threat to institutional security and to the safety of correction officers. The videotape reveals the geographical layout of special housing unit and discloses the identities of inmates and officers who occupy that portion of the prison. The risk of violence toward prison employees, and the threat to the safety of employees and inmates and to the general public in the event of an escape, warrant the conclusion that disclosure would endanger the life or safety of individuals (Public Officers Law § 87 [f]; see, Matter of Nalo v. Sullivan, 125 A.D.2d 311, 312, lv denied 69 N.Y.2d 612; Matter of Fournier v. Fish, 83 A.D.2d 979).

In view of our disposition, it is unnecessary to consider the parties' remaining contentions.


Summaries of

Matter of Lonski v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 977 (N.Y. App. Div. 1989)

In Lonski, the videotape at issue depicted an inmate's transfer to the special housing unit at a correctional facility, rather than merely the interior of a single cell in a holding center.

Summary of this case from Mack v. Howard
Case details for

Matter of Lonski v. Kelly

Case Details

Full title:In the Matter of ROBERT D. LONSKI, on Behalf of CLIFFORD COLLINS…

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

Date published: Apr 14, 1989

Citations

149 A.D.2d 977 (N.Y. App. Div. 1989)

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