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.