Opinion
Submitted December 17, 1999
February 17, 2000
In a proceeding pursuant to CPLR article 78 to compel the production of certain documents pursuant to the Freedom of Information Law (Public Officers Law article 6), the petitioner appeals from a judgment of the Supreme Court, Queens County (Polizzi, J.), dated September 25, 1998, which denied the petition and dismissed the proceeding.
Alvaro A. Sanchez, Stormville, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Roni C. Piplani of counsel), respondent pro se.
CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs.
Subsequent to the petitioner's 1986 murder conviction (see, People v. Sanchez, 167 A.D.2d 489), he commenced this CPLR article 78 proceeding to obtain the District Attorney's casefile. The respondent submitted a detailed affidavit attesting to the diligence of the search for the casefile and that it was not found. Thus, the respondent satisfied his burden of demonstrating that the petitioner's casefile could not be located, and the Supreme Court properly dismissed the proceeding (see, Matter of Johnson v. Hynes, 264 A.D.2d 777 [2d Dept., Sept. 20, 1999]; Matter of Key v. Hynes, 205 A.D.2d 779; Matter of K. of Oakknoll v. DeFrancesco, 200 A.D.2d 619).